Re: And the moral here is
The legal side of kickstarter is pretty fuzzy.
I can tell you, though, that the goods you receive are considered purchases. If customs has to handle any goods from a kickstarter they are considered regular purchases, regardless of what you try and claim of 'donations' or 'gifts' or whatever.
I can't see the digital equilevants as being different than the physical goods, so sales acts should offer some protections if you are taxed by customs as if they are sales.