This has nothing directly to do with The Day Before, but: Backing a Kickstarter is something completely different and that has to come into peoples heads. Preorders are for a mostly finished product that will 100% ship. The devs have enough funding from investors and publishers, the game will be released no matter how little preorders they will get. Crowdfunding however is for an idea in its infancy that might never be finished. Crowdfunding is an investment.

But where is the difference in this case, The Day Before? Well, easy: When you invest in a kickstarter, the company has to use the money you invested to actually develop the game. They can't buy fancy cars with the money, they need to put it to good use. If the company uses the money for their own personal benefit, they can be sued for that. For preorders thats not the case.