Google Play Store policies recently changed for 15 additional countries, including the U.S., to permit gambling and betting across Android apps that use real money. Online store policies are also impacting the landscape’s transition. As more players come into the esports/skill-based gaming space, states with traditionally strict regulations are rethinking their position toward skill-based gaming. For example, Maryland long prohibited pay-to-play competitions regardless of whether they involved a game of chance or skill. However, in April 2019, Maryland approved the eSports Act, allowing sponsors to award money or other prizes to winners of esports competitions. As a result, the laws of most states have distinguished games of chance from skill-based games. Mobile devices have brought a myriad of new skill-based games, ranging from casual games like Bejeweled 2, Luxor and Cubis to esports games like Call of Duty and Modern Warfare. While a range of skill-based games are pay-to-earn scenarios with monetary prizes, the outcomes are dependent on skill, differentiating them from the gambling genre. Gambling requires the presence of three elements: 1) the wager (the amount of money bet), 2) the outcome determined by chance and 3) a reward or prize. A game of chance can also be categorized as gambling if players wager money.
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