I'm wondering about the Best Buy thing too. I like to support my local Gamestop because the guys there are pretty cool about things but I'd like to have Hart. Interestingly enough, their roster section has him listed and, unlike some of the future DLC, it doesn't say Coming Soon...link:
http://community.smackdownvsraw.com/roster/more
If I were just looking at that page, I would assume that he's in the game from the get-go, even if I had to unlock him in-game somehow. I suppose I could wait a couple months if he pops up as separate DLC but that sure is misleading to the casual fan...