I also agree - I've only backed a couple of Kickstarter's, but I'm quite certain I was explicitly told that there was no guarantee backing a project and the project being funded would result in me actually getting the rewards. On the other hand, there are many cases where people mutually agree to a contract, but that contract is not enforceable because it violates certain laws. Minimum wage, for instance. Effectively I'm not allowed to work for someone unless I'm worth a certain minimum threshold, because if that was allowed we would lose certain protections against exploitation (of course there's all sorts of room for opinions there). You can back a KickStarter, but certain governments may still hold the project to higher standards than KickStarter does.

Not malice, fraud.

Eh? Fraud is malicious.