It's easily debable whether unbacked NFTs that are issued in more than a small number aren't something that the SEC is going to take an interest in. The fact that, for instance, Splinterlands cards have a specific identifier, come in different denominations and players can "get change" isn't going to change the SEC's mind. As I said, MtG and similar CCGs probably cover Splinterlands. Mythical is a pretty transparent attempt at evasion and the SEC has prosecuted ICOs that claimed that the lack of super-clear regulations forbidding them was going to protect them. I don't see your NFT claim protecting Mystical any more than people who are claiming that their token is a utility token (when it isn't).

Are Mystical NFTs actually on a distributed blockchain or are they like Splinterlands cards?