I think you need read a dictionary.
https://www.merriam-webster.com/dictionary/gamble
It is gambling. Simple as, despite how much you protest about it on here.
To wit, the US legal definition of gambling(other countries will vary)
31 U.S. Code § 5362 which covers gambling:
In this subchapter:
(1) Bet or wager.The term bet or wager
(A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome;
(B) includes the purchase of a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance);
(C) includes any scheme of a type described in section 3702 of title 28;
(D) includes any instructions or information pertaining to the establishment or movement of funds by the bettor or customer in, to, or from an account with the business of betting or wagering; and
(E) does not include
(i) any activity governed by the securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 [1] for the purchase or sale of securities (as that term is defined in section 3(a)(10) of that Act);
(ii) any transaction conducted on or subject to the rules of a registered entity or exempt board of trade under the Commodity Exchange Act;
(iii) any over-the-counter derivative instrument;
(iv) any other transaction that
(I) is excluded or exempt from regulation under the Commodity Exchange Act; or
(II) is exempt from State gaming or bucket shop laws under section 12(e) of the Commodity Exchange Act or section 28(a) of the Securities Exchange Act of 1934;
(v) any contract of indemnity or guarantee;
(vi) any contract for insurance;
(vii) any deposit or other transaction with an insured depository institution;
(viii) participation in any game or contest in which participants do not stake or risk anything of value other than
(I) personal efforts of the participants in playing the game or contest or obtaining access to the Internet; or
(II) points or credits that the sponsor of the game or contest provides to participants free of charge and that can be used or redeemed only for participation in games or contests offered by the sponsor; or
(ix) participation in any fantasy or simulation sports game or educational game or contest in which (if the game or contest involves a team or teams) no fantasy or simulation sports team is based on the current membership of an actual team that is a member of an amateur or professional sports organization (as those terms are defined in section 3701 of title 28) and that meets the following conditions:
(I) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
(II) All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
(III) No winning outcome is based
(aa) on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or
(bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.
B is quite clear that this is gambling. The No purchase necessary is what saves them legally, maybe. the fact that you can in theory get these items without paying is not a grace of the publisher, it is legal protection. Albeit shaky since it is hard to argue someone who purchases and someone who don't have the same odds of receiving an item.
There really isn't a lot of legal precedent. TPC was taken to court on the grounds that Pokémon was a lottery, but the case was settled out of court. Wizards of the Coast refuse to comment on the secondary market so as to pretend their cards value doesn't fluctuate. No one really has ever been willing to challenge this in court.
The closest anyone has gotten is sports cards. Where three tenants determined that they were gambling
1.Special, rare, or valuable cards or memorabilia included in some but not all boxes of less valuable cards could be seen as a prize.
2.Randomly including these more valuable cards in a box could be viewed as creating an element of chance of winning a prize.
3.Requiring people to buy a box of cards to participate may constitute consideration
.
These three elements determined personnel purchasing packs of cards hoping to get valuable cards were legally gambling, which is why baseball cards came with gum. you were buying the gum and getting the cards as a bonus.
Even this is long out of practice and hasn't been challenged legally in decades though.
So do loot boxed and VC and stuff meet these tenants? Take someone to court if you want to find out.