Can a loss investment from an unfulfilled Kickstarter pledge, from a failed creator that didn’t provide the promised reward, be considered a nonbusiness loss debt?

They claimed, due to COVID they couldn’t fulfill their promise, they kept the investment and Kickstarter is not responsible.  Bank said it  was too late for a fraud claim.  Kickstarter -investment on a product creation with the promise of the the first production items like pre-order a well defined prototype.