1. Any-chance is enough
§ 6-7-101(a)(iii) requires only that gain be contingent “in whole or in part” on lot or chance, or on an event the player does not control. Prosecutors need not win a predominance fight. Uncertainty about which offer appears next can be framed as that residual chance or as an uncontrolled event.
2. Predetermination already lost at the Attorney General’s office
Opinion 2018-001 used programmed, predetermined spin amounts—and predetermined losers—as reasons the Banilla machines were gambling devices. Counsel must explain, with facts and not labels, why disclosure before commitment and a free decline are legally different from that pay-then-reveal programming.
3. 37 Gambling Devices and the ingenuity canon
The Supreme Court treated a finite, predetermined pickle-card deal as chance and adopted language that courts need not be blind to ingenuity that recasts gambling devices. FOE Sheridan and Wyoming Downs applied that common-sense approach to electronic bingo and Instant Racing cabinets. A predetermined pool plus casino-style reels will be measured against that line.
4. The skill doors are closed
§ 6-7-101(a)(iii)(A) now excludes skill-based amusement games from the bona fide skill-contest exception. Title 11 requires skill as the primary factor, plus $3 / $3,000 / four-machine / age-21 / establishment limits and a laboratory report. NCG’s operator-assigned result fails the primary-skill definition. Marketing NCG as a “skill game” would invite 2018-001 and Title 11 enforcement, not shelter.
5. Professional gambling is a felony; devices and premises are presumed
Aiding or inducing gambling with intent to derive a profit is professional gambling—a felony under § 6-7-102(b). After 2026, “profit” means any financial gain. A device used in that activity is a gambling device; a place where it is found is presumed a professional-gambling premise; devices, records, and proceeds are seizable.
6. Session-wide staking and credit balances
Money inserted upfront creates a continuing credit balance. Each Accept may be characterized as risking that balance across a session—the structure Opinion 2018-001 and 37 Gambling Devices treated as paying for chances, not inspecting disclosed sales.
7. Current Gaming Commission posture
The Commission’s May 22, 2025 warning states that unlicensed sweepstakes and iGaming sites offering real-money payouts are operating illegally. Presentation that resembles slots or “sweepstakes” cabinets will invite the same investigative path even if backend logic differs. The lottery statute separately forbids VLTs and player-touch electronic lottery games.
NCG factual responses and residual risk
Responses: at acceptance the monetary result is fixed and known; declines cost nothing; no post-acceptance RNG; Opinion 2018-001 and 37 Gambling Devices involved payment-before-outcome mechanics; the Title 11 skill path is not the NCG theory—the timing of § 6-7-101(a)(iii) “contingent” gain, and possibly the bona fide business-transaction exclusion, is. Residual risk: the any-chance definition, Formal Opinion 2018-001, published Supreme Court device cases, felony professional gambling, seizure and premise presumption, and an active Gaming Commission remain material pending Wyoming counsel review. The timing distinction is supportable; it is not settled.