You were promised UP TO 5 days of early access. He did not say AT LEAST 5 days or specifically 5 days.....there is a difference.
If you get in as of 2 or 3 days before the game releases (12/20/11) their promise to you was fulfilled.
If you pre-ordered and got absolutely NO time in early access you could say that this was a bait and switch. As it is you are throwing terms just to sound like you know what you are talking about.
A bait-and-switch would imply that you were promised an apple but given an orange. You are receiving your apple....maybe not how you expected but you are getting what you were promised.