Consumer protections are a very real thing in the EU, UK, Australia and elsewhere!
If you make promises about the features a product will deliver, then you are obligated to deliver those features.
If not, the consumer is entitled to a refund.
It seems fine to state one might get a free pony if it doesn't rain for 1000 days.
IANAL, but if it was "fine" that would still fall quite firmly under "gambling"
They can wrap as in many disclaimers as they want, if the law is clear that consumers had a presumption of delivery due to marketing promises which were unfulfilled they are on the hook for it.
It's why many American companies constantly complain about EU regulations, they empower consumers which is "bad for business™" since fraud becomes much harder to wrap in loopholes.
No, it doesn't seem fine at all. That's scam territory.