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Ivan

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So, it doesn't look like I'll be getting a refund from Digger for my Kickstarter contribution.

From: Jan Utstein-O'Neill <Xxxxxxxx@aim.com>

Date: Thu, Sep 13, 2012 at 4:44 PM

Subject: Agent 88

To: Xxxxxxxxxx@gmail.com, diggerart@gmail.com

Hi Justin,

We received your request for a refund from Amazon. Kickstarter clearly states in its "Terms of Agreement" that refunds are not available unless a creator is "unable or unwilling" to fulfill the reward.

Here is the portion of the Terms of Agreement that you agreed to when you signed up for Kickstarter:

Kickstarter does not offer refunds. A Project Creator is not required to grant a Backers request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.

The email from Amazon states the reason for your request for refund as:

"I did not receive some or all of the items I purchased."

The items you backed are not due until March 2013. Every penny we received in the campaign has been accounted for and budgeted to help finish the

pilot AND fulfill the rewards we offered through the campaign, there is no extra money.

Please withdraw your complaint with Amazon. I'm sure once you see the customized Minimate you will be very happy.

We hope you can appreciated the incredible hard work we've put into AGENT 88 and continue to support us.

Do you know yet what character you would like for your one of a kind Minimate? Let your imagination take you anywhere you wish to go. Looking forward to

working with you on creating your very own Minimate.

Peace,

Jan and Digger

Jan Utstein-O'Neill

Producer/Publisher

"AGENT 88"

Hurricane Entertainment

----------------------------------------------------------

From: Justin <xxxxxxxxx@gmail.com>

Date: Thu, Sep 13, 2012 at 7:39 PM

Subject: Re: Agent 88

To: Jan Utstein-O'Neill <xxxxxxxx@aim.com>

Jan,

Thank you for replying, I've been trying to contact Digger for almost 3 weeks about the possibility of a refund on my pledge. I have tried multiple emails, and PM'ing on Kickstarter and the Minimate Multiverse, but he hasn't responded.

Amazon was my last attempt to generate a response and it looks like it worked. I know you aren't required to offer a refund, but my hope was that since the funding went well beyond the required $88,000, you would be able to accommodate my request. The only reason I selected "I did not receive some or all of the items I purchased" as the reason is because Amazon's choice selection is limited.

Can you please reconsider my request?

Thank you for replying.

-Justin

----------------------------------------------

From: Jan Utstein-O'Neill <xxxxxxxxxx@aim.com>

Date: Wed, Sep 19, 2012 at 10:49 PM

Subject: Re: Agent 88

To: xxxxxxxxxxx@gmail.com

Hi Justin,

Please understand that we are not being dismissive of your request. Every dollar of the KS has already been allocated, it's not as if there is any extra money. The amount you contributed is greatly appreciated and allows us to continue on towards completion of the pilot, creating the rewards for our backers and beginning to look forward to the actual web series.

We really can't refund your money, it's already been spent. You pledged that money in good faith and we in turn are working hard to complete the pilot and create all the many incentives that we promised as rewards.

Digger receives literally hundreds of emails, messages and texts a day. I know he didn't see your earlier requests because he knew nothing about it when I told him about the message I saw.

I know that Digger is looking forward to working with the backers that chose the one-of-a-kind Minimate as their reward. I hope you can enjoy the experience as well.

Thank you,

Jan

----------------------------------

So the $110,000 is spent already and Digger didn't reply to any of my attempts to contact him because he "receives literally hundreds of emails, messages and texts a day".

I'm done. I don't even care about the one-of-a-kind Minimate anymore. I learned a pricey lesson, and DST lost a loyal customer (who, I should add, spent well more than $1,300.00 a year on Minimates), all in the name of stroking Digger's ego with the hard-earned money of Minimate enthusiasts.

Edited by youbastards
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That sucks, but this is why Kickstarter really makes me nervous. Already there are a couple of different and contradictory legal terms. There's talk of fulfilling "rewards" for backers, of "contributions," of "purchases," and of "pledges." Needless to say, investments, purchases, and pledges are each a separate and distinct legal concept with separate and distinct legal definitions, theories, ramifications, etc. It seems like an incredibly irresponsible way for Kickstarter et al. to conduct business.

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I imagine they'll use the pilot as part of a pitch package to producers and production companies. Subsequent episodes might depend on getting some more producers on board and maybe inking some kind of airing and/or distribution deal.

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I completely understood the 'completism' aspect when it came to the 'Agent 88' Minimates but I really did my best to steer people onto the right path.....read the thread because I was really looking for some support....I got very little <_<

I listened with great interest to the earlier AFI Insider 10th Anni' recorded interview & perceived who was living in the past & who is currently holding the Minimate reins. It was as plain as the lack of a nose on a Minimate face .

YB,I understand ....possibly better than anyone else...why you are justifiably upset with Digger & Kickstarter but I fail to see why DST is being brought into the frame ? Hence my post.

I signed up for my Kickstarter package with the full knowledge that if it all goes tit's up then my $100+ investment will be Mastercard's problem as well as mine.

Nobody twisted my arm.

To be quite brutally honest if I wanted a one-off custom Minimate of anything (including 'myself' :rolleyes: ) I would have asked a fellow-boardie .....possibly you! If 'completism' means selling the shirt of your back then I'll keep mine on & be a bit of painted plastic short in my collection.

So what else can I say ? I'll miss you,you wrote fun stuff in an articulate manner & I still look forward to meeting you some day to say 'Thankyou' for the help & pleasure you've given me.

'Et tu buttheadsmate?' Maybe ....but someone's got to say it.

All the best,Rob.

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Like Roxette says, Listen To Your Gut. I am very very sorry to hear about this, YB. I actually canceled my pledge hours after they crossed the goal line, as I was only willing to donate if there wasn't a chance they'd pull thru. If I had to guess, I'd say your story is only the first of many that we shall hear.

Just out of curiosity, did you use a credit card or a bank card?

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I completely understood the 'completism' aspect when it came to the 'Agent 88' Minimates but I really did my best to steer people onto the right path.....read the thread because I was really looking for some support....I got very little dry.gif

I listened with great interest to the earlier AFI Insider 10th Anni' recorded interview & perceived who was living in the past & who is currently holding the Minimate reins. It was as plain as the lack of a nose on a Minimate face .

YB,I understand ....possibly better than anyone else...why you are justifiably upset with Digger & Kickstarter but I fail to see why DST is being brought into the frame ? Hence my post.

I've thought about this a bit as well since you posted your goodbye, YB. My first thought is to agree with you, Rob, but the more I think about it the more I can see where YB's coming from. By allowing Digger to use the promise of official Minimates if the Kickstarter project had gone through, DST bears some accountability in this. I've stayed away from this whole Agent 88 thing (I certainly don't have the spare funds to throw at a project that isn't really my cup of tea), but I'm sorry to hear that it's caused some strain on our little community.

I hope that time heals your wounds, YouBastards, and that you decide to come back, even if you're saying goodbye to Minimates.

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Here is my question, are all the incentives going to be finished and given out before the pilot airs? Because what happens if this thing doesn't catch on, flops badly and none of the incentives get out or are even finished at that point?

These are the things I'd be concerned about...

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It's difficult making my point without sounding like a DST sycophant or a YB basher...I am most certainly not either ,I do however like to be honest.

Surely this much like any other pre-order for minimates ?Did DST solicit these? Promote? Maybe but I don't recall anything official .....I may be wrong . Like any solicit... if there aren't the orders there then the 'mates won't be made & the money ought to be refunded according to the T&C of the project . The 'huge bummer' is that....as far as I can see....Digger customises a few Minimates...any old Minimates... & gets a few grand for doing it :unsure: The reality will therefore be a return of the low-investment pledges & Digger will sit up for a few nights with his paintbrush . Nice work if you can get it .

Edited by buttheadsmate
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I actually canceled my pledge hours after they crossed the goal line, as I was only willing to donate if there wasn't a chance they'd pull thru.

That kind of defeats the entire purpose of Kickstarter, you only want to back things that won't get funded so you don't have to pay? Thats like stealing items from a charity shops so you can then go in and give them stuff and feel good.

As for this Kickstarter in particular, yeah... like BHM I made my thoughts clear on the thread itself.

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Hey Bastards, and youbastards, see what I did there?

I've learned along the way that life will continue to blank you, over and over again and the sooner you accept this, the sooner that sweet death will arrive. wait what?

Anyways, if you don't want the custom mini, I'll gladly take your place, there are tons of characters I will never be able to make myself. So give it to me if you like.

And I do mean "give" because I have no money for crazily priced mates. And if you don't, that's okay, but here's what I would get:

The Ultimate Hero/Villain, Lebron James with interchangeable Cavs/Heat Jerseys. Shaq comes in a close second. They are too difficult for me to make; and by the way, a grand should at least buy you a two pack am i right?

And here's another thought, if the mate is authentic, maybe it will cause legal problems with the NBA. ooooo, or a football player would be sweet also. I'm just full of ideas.

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Hey Bastards, and youbastards, see what I did there?

I've learned along the way that life will continue to blank you, over and over again and the sooner you accept this, the sooner that sweet death will arrive. wait what?

Anyways, if you don't want the custom mini, I'll gladly take your place, there are tons of characters I will never be able to make myself. So give it to me if you like.

And I do mean "give" because I have no money for crazily priced mates. And if you don't, that's okay, but here's what I would get:

The Ultimate Hero/Villain, Lebron James with interchangeable Cavs/Heat Jerseys. Shaq comes in a close second. They are too difficult for me to make; and by the way, a grand should at least buy you a two pack am i right?

And here's another thought, if the mate is authentic, maybe it will cause legal problems with the NBA. ooooo, or a football player would be sweet also. I'm just full of ideas.

Somebody shoot this guy, in the face.. With a bazooka.

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Hey Bastards, and youbastards, see what I did there?

I've learned along the way that life will continue to blank you, over and over again and the sooner you accept this, the sooner that sweet death will arrive. wait what?

Anyways, if you don't want the custom mini, I'll gladly take your place, there are tons of characters I will never be able to make myself. So give it to me if you like.

And I do mean "give" because I have no money for crazily priced mates. And if you don't, that's okay, but here's what I would get:

The Ultimate Hero/Villain, Lebron James with interchangeable Cavs/Heat Jerseys. Shaq comes in a close second. They are too difficult for me to make; and by the way, a grand should at least buy you a two pack am i right?

And here's another thought, if the mate is authentic, maybe it will cause legal problems with the NBA. ooooo, or a football player would be sweet also. I'm just full of ideas.

I honestly can't tell if this is serious or sarcastic, so if it's a joke forgive me, but what the hell. There's a few things i'd want to say...but i'm more in shock that i just read it...

Anyways, so sorry this didn't work out for you, YB. I certainly hope you'll stick around because you're always a fun guy to talk with, but i understand why you wouldn't want to. You will absolutely be missed.

Edited by Twisted Two-Face
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I responded to this thread earlier without understanding fully the depth of YB's situation, but I just wanted to come back and say again that I'm sorry that this whole scenario has left a bad taste in your mouth, YB. You were one of the first people I met from the boards in person, and you were incredibly nice, and you made me feel at home here, as well. The idea that anything we've done has driven you, or any MMMV member, away from Minimates makes my stomach hurt.

I took this picture for the "Pics you don't want to see" thread, then didn't share it because... well, frankly, because it wasn't as impressive as what others were showing. But these are my most prized Minimates:

cam00134.jpg

- a custom grey outfit Black Widow by youbastards

- a custom Zach Oat by Matt Cauley

- Mr. T (replaced for me by my pal Justin Aclin after I lost my original)

- a transparent Stay-Puft with no face and a broken hip

- a prototype Expendables Sly head before his face changed

- a Minimate coffin, given to me by TM2Dinobot

Sure, I have a little shoebox of promos I use for prizes at work, and I have a bunch of early paint samples kicking around I use for photo shoots, including some that changed significantly or were never released, but these are my personal, most prized mates.

Whether you give up Minimates or just take an extended vacation, thank you so much for my Black Widow. I thank you, and my obsession with women with short hair thanks you.

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I took this picture for the "Pics you don't want to see" thread, then didn't share it because... well, frankly, because it wasn't as impressive as what others were showing.

I reckon you're wrong Zach....great pic with an even greater meaning.

I have a 2005NYToyFair promo which......apart from a note from Reideen (member,mod,legend) stashed inside the ziplok 'Merry Christmas bhm' ...wouldn't appear to be anything special or different from the other duplicates I now have.

It's special. Miss that guy & always wonder about G.I.Raffe .

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Ok, I've cooled down, and have let the Digger situation go, I'm just tired of being frustrated. I have no idea how the whole thing will eventually play out, i have my doubts, but i'm just done being bothered by it anymore. I'm not giving up on 'mates entirely, but I'm not entirely sure what my collecting habits are going to be going forward. I will say that it was very fortuitous timing releasing the pix for the Morbius set when you did, Zach. It was a very Godfather 3 moment, "just when I thought I was out...."

Zach, I don't blame you guys for the Kickstarter situation, it was my own fault for not going with my initial gut instinct, and I'm sorry if I have caused you any grief over the situation.

I do need to get caught up with some of the releases I have missed, particularly the TRU Universal Monsters Series 3, it looks like TRU sold out quickly (were these produced in fewer numbers?), so if anyone can help me obtain a set of them, please PM.

I dropped the ball on my Charitymates contribution, and I apologize to those organizing that as well.

Sorry for any drama I've caused to the forum. Sometimes you just need to step away from something to get a better perspective.

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So you're not leaving. That's awesome. I'm really glad you got some perspective on everything and managed to rise above it. I also don't have the new Universal Monsters yet, but the last wave did nothing but pegwarming where my friend gets them, so when I get him to go look for them for me, if they've got more I will ask him to snag them for you.

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Thanks Geo, but I actually managed to find them today at a TRU a few towns away. I'm betting that the Frank/Drac wave was produced in higher numbers (due to the characters) than either Wave 1 or Wave 3, the fact that the Wave 3 TRU exclusives sold out so quickly really surprised me. I'd really like to hear Zach's input in regards to UM numbers.

This may bode well for a 4th Wave, if TRU is happy with the numbers from Wave 3.

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