It's just written in stone at this point that the villain won't win by virtue of their plot relevance. Like if BM was meant to win, Oda would have shown her winning chapters ago, because it would not have mattered to drag out this fight over 25 chapters.
So yes, either they win in 1039/1040, or quite literally the only other options are for Law to lose while Kid keeps fighting or for both to lose temporarily and come back yet again (which I doubt because it happened this chapter), otherwise throwing a Vs chapter title quite literally does not make sense here.