Well... The news about the pre-sale for the Penguin packs was made known in time. If you look at the Palisades forums, and at the Action Figure section here, there were threads and posts made on 6/9 and 6/10 announcing the availability of the Penguins. It just so happens that they ran out of the pre-determined portion of their stock they set aside for pre-sales on Thursday, so much so that they decided to take another small portion of stock and open it up to a second pre-sale on Friday. If you go to the Tally 2 thread at Palisades, you'll see that over a hundred packs were sold through these pre-sale purchases.
As for getting a Penguin pack, talk to some of the people there on the Palisades forums, there are some who bought extras and are now stating that they could help others out if need be. Also talk to the people there to see who's going to sSDCC and can pick up an extra pack for you after working out some sort of deal.
Hope this helps you Beaker.