Kickstarter is patronage. It can't be considered anything else or they get into some legal trouble with one or more US bureaus. You can't see it as investing because then the SEC gets involved. You can't see it as prodding a product because then, as you said, consumer protection act gets involved. And you can't see it as a donation because then the IRS gets involved (more involved, as backers will want to take deductions).
Kickstarter, as a company, cannot and does not promote any view of backing except patronage. You are literally a sugar daddy for the people working on the project. Backing buys their time. Time they have promised to use to make a thing you want, but your only recourse if they don't is to not buy anymore of their time.
They generally require a deliverable, though. If the product is successful, backers get some form of tangible benefit.
I don't see why this can't be some share of the company. Giving away 10% for a huge chunk of seed money ($2.4m in this case) is actually way better than you'll ever do from angel investors or any kind of incubator. So if the product is successful, throw a unit at a backer as well as a tiny percentage of the company. Just so they can not feel cheated when you sell for a multi-billion dollar exit that is not in the interest of your backers, because in that case they all get their money back.
You don't have to say "your backing guarantees you X% of the company", you just say "in addition to receiving a VR, you will also receive an X% stake in the company if we are successful."
The SEC can get involved precisely now, not when the funding happens, but rather when the options are given out.
Kickstarter, as a company, cannot and does not promote any view of backing except patronage. You are literally a sugar daddy for the people working on the project. Backing buys their time. Time they have promised to use to make a thing you want, but your only recourse if they don't is to not buy anymore of their time.