Yes the digital downloads do not unlock until 10am PST which is when the retail copy of the game is supposed to go on sale as Cryptic is located in California.
Nope, the game was already sold at midnight releases around the country at select Gamestops. Other retailers that dont' have midnight releases have sold the game as they have opened across the country and world today. Also, steam users cannot get their retail code until 12pm PST. The game is live, the product is being handed out physically, just not digitally.