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How to get in trouble with skilled games

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  • March 25, 2021

How to get in trouble with skilled games

Gamification refers to incorporating gaming elements into non-gaming contexts like marketing, education and the health sector. These elements include using points displaying progress, an incentive-based system that results in rewards like visually attractive badges, and leaderboards that instill a sense of competitiveness and induce further engagement from the target audience. While gamification feels like a new term of recent times, its concept has dominated marketing strategies and learning methods for a long time. Nowadays, with the massive rise in gaming, video games culture has begun weaving its way into other industries as a means to increase consumer interaction. In addition to gaining customer attention, the introduction of gaming techniques to business processes has enhanced motivation, effort, and decision-making among employees. Due to the increasing usage of gamification as a tool to optimize marketing efforts by companies worldwide, the global gamification market is expected to achieve a surge in revenues in the coming years.

What is Skill Gaming?

Skill games involve a competition of mental or physical skill, and the outcome is independent of chance. Though luck does play a role in determining the final result, the game mainly depends upon the sheer usage of talent and skill and includes sports tournaments, board games etc. Today, businesses invest in skill-based multiplayer games with massive prize money that allow professional gamers to compete. 

The Legality of Skill Gaming

In between countries, the legality of skill games varies. Hence, it is crucial to understand the underlying distinction between games of chance and skill games and how jurisdictions have various interpretations. Games on chance heavily rely on gambling, and any form of unlicensed gambling is considered a crime under the law in most countries. As skill games do have some chance contribution (though not as the primary element), courts have mixed opinions worldwide regarding its legality. For accurately determining its lawfulness, they carry out tests like the 'dominant factor test' (which investigates whether chance is the dominant component of the game), 'material element test' (which ascertains whether chance significantly impacted the outcome of the game) and finally, the 'any chance test' which deduces the extent of involvement of chance.

For instance, multiple states in the United States deem skill gaming illegal. However, it is elusive to specifically narrow down such states as respective state laws are under constant amendments and changes. Hence, new exceptions continue to be made as per the individual case of illegality. Sometimes, even if skill gaming is permissible as per law, some particular games are declared illegal as they involve active wagering. Therefore, to reach a reliable evaluation regarding a specific skill game's legality in the United States, the best course of action is to seek out an experienced gaming counsel.

As skill gaming has become a popular activity, it is gaining businesses' rapid interest, especially in countries like India and the UK. These organizations are looking to promote skill games through mobile applications or on their websites and consequently gather a large audience. However, since skill games' legality is an intricate issue, such businesses must understand all the nuances of law applicable to skill gaming to avoid violation of any gambling laws. Tentacle's STB solution is one of the best options for doing business in skill gaming in the UK whilst ensuring that gaming laws are not abused.  

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