![]() A "material element" test discovers whether chance is an important component in determining the outcome of a game. Some use the "predominance test," which says that if a skilled player beats an unskilled competitor at least 75% of the time, that's a game of skill. But the states still vary on which tests they use, and how they interpret the results - for example, some states say any degree of luck makes a game "chance-based," while others allow some bit of chance in what they deem skill-based games. The delineation can get squishy, and states use a handful of tests to help them classify, according to Paradise, the Skillz CEO. That means residents of 47 states can't play them online for money. Chess is considered a game of skill, for example, while a slot machine is a game of chance.īut some are less clear cut: Despite rewarding skill, both poker and blackjack are considered games of chance. Meanwhile, smaller upstarts like Skillz are taking advantage of the larger skill-based gaming field.Īs of now, both gambling and betting apps have to tiptoe the divergent laws currently on the books. gambling industry wants to legalize online chance games across the country, and its lobbying efforts are gaining some momentum.
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