As used in this article, unless the context otherwise requires.
(A) (1) A person engages in gambling if he or she bets something of value upon the outcome of a future event, which outcome is determined by an element of chance, or upon the outcome of a game, contest, or election, or conduct or participate in any bingo, lottery by the sale of pickle cards, lottery, raffle, gift enterprise, or other scheme not authorized or conducted in accordance with the Nebraska Bingo Act being Neb. RS 9-201 et seq., the Nebraska County and City Lottery Act being Neb. RS 9-601 et seq., the Nebraska Lottery and Raffle Act being Neb. RS 9-401 et seq., the Nebraska Pickle Card Lottery Act being Neb. RS 9-301 et seq., the Nebraska Small Lottery and Raffle Act being Neb. RS 9-501 et seq., the State Lottery Act being Neb. RS 9-801 et seq., or Neb. RS 9-701.
(2) A person does not engage in gambling by:
(a) Entering into a lawful business transaction;
(b) Playing an amusement device or a coin-operated mechanical game which confers as to price an immediate, unrecorded right of replay not exchangeable of something of value; or
(c) Conducting or participating in a prize contest.
(B) GAMBLING DEVICE. Any device, machine, paraphernalia, writing, paper, instrument, article, or equipment that is used or useable for engaging in gambling, whether that activity consists of gambling between persons, or gambling by a person involving the playing of a machine. GAMBLING DEVICE shall also include any mechanical gaming device, computer gaming device, a electronic gaming device, or video gaming device which has the capability of awarding something of value, free games redeemable for something of value, instant win tickets which also provide the possibility of participating in the subsequent drawing or event, or tickets or stubs redeemable for something of value, except as authorized in the furtherance of parimutuel wagering. Supplies, equipment, cards, tickets, stubs, and other items used in any bingo, lottery by the sale of pickle cards, other lottery, raffle, or gift enterprise conducted in accordance with the Nebraska Bingo Act being Neb. RS 9-201 et seq., the Nebraska County and City Lottery Act being Neb. RS 9-601 et seq., the Nebraska Lottery and Raffle Act being Neb. RS 9-401 et seq., the Nebraska Pickle Card Lottery Act being Neb. RS 9-301 et seq., the Nebraska Small Lottery and Raffle Act being Neb. RS 9-501 et seq., the State Lottery Act being Neb. RS 9-801 et seq., or Neb. RS 9-701 are not gambling devices within this definition.