Yep, so after 2 days of going back and forth with the makers of Beat Sports, they ended up saying that this is an Apple problem, not them.
So here we are a week later. Apple says its the third party. The third party says it's Apple. They're not talking with each other, just throwing me back and forth. In the mean time, Apple has no problem billing me for the purchase.
How can their sophisticated app store platform not notice that there is a problem downloading this - I find it hard to believe.
So the premiere Apple TV game app will not even download to Apple's brand new Apple TV, and nobody can do anything about it.
This sounds more like Microsoft support than Apple, but I guess it was just a matter of time until they got bloated enough and this happened.