Free packs should not be considered "gambling"

It's the same mechanism as gambling though. Same chances to get shards. 

If you give someone a free token to use at a slot machine is that gambling? 

If you discount a pack by 99.9% is that still gambling? 

If you bet with skittles when playing poker instead of currency is that gambling?

The answer to all of these questions is yes. A free pack is also gambling. 

With all that being said, buying crystals and using it on energy refreshes is also gambling using money and just spending energy is gambling for free. You spend 50 crystals to get roughly a 1/5 chance at one of these unaccelerated farm.