In a split decision, the North Carolina Court of Appeals ruled against a gaming business that has been operating sweepstakes video gaming kiosks for about four years. Two of the three judges – Judge Jefferson Griffin was the dissenting voice – ruled that No Limit Games’ offerings were games of chance and not skill, which makes them illegal in the state.

State lawmakers have been battling alleged “skill games” for two decades, repeatedly trying to shore up loopholes in the law, but game makers have continued to adjust their games to, as they claim, require skill to win.

No Limit Games believes giving players the ability to “nudge” a symbol to create winning combinations or play a memory challenge to keep the game going are enough to put its products in the “skill” category.

no amount of skill will make a difference in the outcome of the game”

Judge Toby Hampson disagreed, writing of the memory challenge: “Giving players the option to complete an impossible task to receive an advantage in a game is effectively the same as having no dexterity element, because no amount of skill will make a difference in the outcome of the game.”

Judge Griffin’s dissent comes from his opinion that skill outweighs luck in No Limit Games’ offerings. Judge Hampson, backed by Judge April Wood, begged to differ.

“None of the Plaintiff’s attempts to distinguish its game from the similar games previously held by our courts to be illegal change the fact that chance is core to the game and always determines the amount a player can win,” Hampson wrote.

No Limit Games’ attorney plans to appeal, which could result in the case being heard by the North Carolina Supreme Court.