I think if ICO fails, you can't get your money back.
Because ICO is not legal in any country at the moment, unless it is a fraud, your rights are not guaranteed.
Legit ICO will return back the investors money, and this is the proof that all ico isn't scam. Most of the non successful project always resulted to scam investors money due to non profit gaining project, which doesn't refund every investors funds after all. Generally scammers had fraudulent acts which doesn't care about people's effort in dealing with their visions for the project. Hopefully next time investors will be the ones getting the kyc of those offering ico project, so that we can really get the refund after the project failure.