The whole purpose of crowdfunding is to hedge the financial risks of bringing a product to market. This is something that "3 college kids" should consider (and may even be necessary), but a business with hundreds of millions in revenue should be able to avoid for the consumer's sake.
Why should we, as the consumer, accept to pay for something before it's even made? If the product ends up being subpar, the company has nothing to lose, so what's their incentive to make a quality product?
I'm not coming from a legal standpoint, this is just my opinion, of course they can do whatever they want.