Sometimes it takes an extra hour or two. The Playstation Store was never designed to do updates outside of the normal Tuesday afternoon maintenance windows, and only started offering midnight releases a few months ago. Timing it at 12:01 exactly isn't trivial. It may not even be possible. Even GameStop makes you wait your turn in line to get your game, and doesn't guarantee that you get the game at the stroke of midnight either. The 12:01 scheduled time is just that. A scheduled time. It isn't a money-back guarantee.
Because Sony doesn't employ any psychics, and so it has no way of knowing in advance whether there is going to be a delay in making the game available. As any actual lawyer would tell you, advertising something does not create a legal obligation to make it happen exactly as stated. That is a common misconception among entitled consumers. Plans change, and unforeseen events occur. It is only false advertising if the advertiser never had any intention of doing what was advertised. That obviously was not the case here, and is almost impossible to prove even when it does happen.
I completely understand the anger .I pre-ordered a week ago ,waited until mid-night then 1am,then 2am,then 3am....Man!What a waste of time.PS day 1 is BS (NEVER AGAIN)
Same here I stayed up till Midnight gave up set an alarm for 3am still no dice. I will never again pre-order through Psn. This isn't the first time this has happened. I'm looking at you Bioshock Infinite.
Same here I stayed up till Midnight and no game. i got on at 3am still no game . now back at 7am still no game. way to keep your word Sony. you may have just made my up my mind about buying the XBOX 1 and not a PS4.