A charity whose main aim is to kickstart the education of programmers is not comparable to a private company that just raised millions of dollars on what is a huge amount of misdirection.
They have been more forthright than misleading.
They've been name dropping people left and right and unlike the Mr. Christoforo (however you spell it) from OceanMarketting (I'm not even sure I misspelled this one correctly ) they haven't been slapped down for it. Even Notch has been back-peddling and re-clarifying the point he has been making until he just said he approves the content stated in the video.
All they promised to those who pledged $95-$150 our boxes made from off the shelf parts aside from the controller preloaded with their SDK. This isn't herculean task.
All they promised to the devs who pledged is a pre-rooted box, 1 year of preferential advertising and a means of contacting them for tech support. This isn't particularity hard either.
They mislead with the poll which is hardly a big deal since all they did was point out the top 20 requests that people wanted which even included Battletoads of all the random things that could've made that list.
They were more misleading on the product being a device you can hack and still have access to everything else. It was only later on did they bring up that rooting the device removes the ability to access their store.
They are also misleading about the funding they need to do after this kickstarter which is a very big deal since a good portion of the devs who are pledging are assuming they have a plan in the works to build more consoles beyond their 40k pledges.
Did they actually confirm they're planning a $99 retail price?
They didn't. The only confirmed whoever preordered now that they would get their unit for a $99. They really can't promise something like this for people who don't pledge because of VAT and other currency differences. It is a problem as RomanticHeroX mentioned that they aren't making any statements correcting anyone about this.