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Skill vs chance · US law

Is playing video games for money legal? The honest answer.

In most US states, a competition decided by player skill is treated differently from gambling — because gambling definitions generally require chance, and a 1v1 match you win by playing better does not supply it. That is the general rule, not a ruling about your state. Below: the three elements that make a contest gambling, the three chance tests states actually apply, whether the randomness inside EA FC or Madden counts as one of them, what separates playing a match from betting on one, what UIGEA does and does not do, and how to check your own state instead of trusting a list.

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Not legal advice

This page is general information, not legal advice. It does not create an attorney-client relationship, it cannot account for your state or your circumstances, and laws change. For a decision that affects your money, consult an attorney licensed where you live.

Is playing video games for money legal in the United States?

In most states, yes — paid competitions decided by skill are generally treated as something other than gambling. But there is no federal statute that answers this nationally, and no honest page can answer it for your address. Each state writes its own definition of gambling, a handful apply materially stricter tests, and the outcome can turn on how a specific contest is structured. What follows is the framework, so you can read your own state's law.

What actually makes a paid competition gambling?

Three elements, and in most state definitions all three have to be present at once: a prize, consideration (something you pay or risk to enter), and chance. A head-to-head video game match obviously has the first two — there is money to win and you staked money to enter. So every argument in this area is about the third one, and about how much chance your state tolerates before a contest becomes a wager.

New York's criminal code is a useful illustration because it states the standard in one sentence:

“Contest of chance” means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance.
N.Y. Penal Law § 225.00(1)

Note what that sentence does not say. It does not ask whether money changed hands, or whether the game was played online. It asks a single question about the outcome— and “in a material degree” is a different, stricter bar than “mostly”. That difference in wording is the entire reason states reach different conclusions about the same game.

Which chance test does your state use?

Courts and regulators use three recognisable tests, in increasing order of strictness. Which one your state applies matters more than anything a platform says about itself:

  • Most common

    Dominant factor

    Is the outcome decided more by skill than by chance?

  • Stricter

    Material element

    Does chance play a significant role at all?

  • Strictest

    Any chance

    Does any element of chance affect the outcome?

The tempting next step is a 50-state table with a green tick and a red cross. This page does not publish one, deliberately. Gaming counsel who work in this area say plainly that such lists are not reliable — some states have never settled on a single test, and others have built their own analysis:

Ask 3 lawyers for such a list and you may get 3 different lists.
Walters Law Group — Which states allow skill gaming?

So treat any site that hands you a confident state-by-state verdict — including a competitor's, and including one that puts your state in the green column — as marketing rather than research.

Do random elements inside EA FC or Madden count as chance?

It is the sharpest question on this page and the honest answer is that it has not been settled. Sports titles do contain randomness — a bounce off the post, which tackle animation fires, a stamina roll. The tests above do not ask whether anyrandomness exists; they ask how much the outcome depends on it. That is exactly what “in a material degree” is measuring, and no court has applied it to console 1v1 sports games specifically.

Two things are worth weighing honestly, in both directions. In our favour: whatever randomness the engine produces is symmetric — both players play the same title, on the same settings, and nothing is dealt to one side. That is different from a deck or a wheel, where chance is the mechanism that distributes the outcome. Against us: under the strictest test — the one that asks whether any chance affects the outcome — in-game randomness is precisely the kind of detail that could matter, and a symmetric coin flip is still a coin flip.

So we are not going to tell you this question is closed. Locked has no published payout statistics to point at and no ruling to cite, and anyone in this category who answers it with confidence is selling you something. What we can say is what the platform controls: match settings are agreed before the stake is locked, and both players play them.

Does UIGEA make online money matches illegal?

No — and the reason is worth knowing, because “UIGEA compliant” is a phrase this whole industry uses loosely. UIGEA is a payments statute aimed at how gambling businesses get paid. It does not decide, by itself, whether a contest is lawful. Its own definition sends the question straight back to other law:

… to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law.
31 U.S.C. § 5362(10)(A)

“Unlawful under any applicable Federal or State law” is the operative clause: UIGEA borrows its answer from wherever you are. It also defines a bet or wager as staking something of value “upon the outcome of a contest of others, a sporting event, or a game subject to chance” — language that fits betting on a match far more naturally than playing in one.

One caveat we would rather state than have you discover: the UIGEA carve-out platforms most often cite, § 5362(1)(E)(ix), is written for fantasy and simulation sports and educational games. It is not a general skill exemption for console 1v1, and nobody should tell you it is. A platform describing itself as UIGEA compliant — Locked included — is describing how it chose to structure itself, not a licence or approval it holds.

Is a money match the same as betting on esports?

No, and the distinction is not marketing language — it is written into the definitions themselves. Both statutes on this page describe staking on an outcome you are not the one producing. UIGEA's definition of a bet or wager reaches “the outcome of a contest of others”. New York's gambling definition draws the same line in its own words:

A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence…
N.Y. Penal Law § 225.00(2)

A player in their own 1v1 match is not staking on a contest of others, and the match is not an event outside their influence — they are the influence. That is the structural difference between playing and betting, and it is why this category is usually analysed separately from a sportsbook. Read the hedge properly, though: those are definitions, not a ruling that any particular contest clears them, and a state applying a stricter chance test could still land somewhere else.

The three things people conflate, kept apart:

  • You play

    Money match

    You are one of the two competitors. Both sides stake the same amount, the platform takes a cut of the pot whoever wins, and there are no odds because there is nothing to price.

  • Others play

    Sportsbook bet

    You stake on an event someone else decides — a real fixture or an esports match. The book sets the odds, holds the opposite side of your position, and is licensed by the states it operates in.

  • Others play

    Daily fantasy

    You assemble a lineup and are scored on how real athletes perform across multiple real-world events. It has its own federal carve-out and its own state-by-state treatment, neither of which covers console 1v1.

The commercial tell is simpler than the legal one. A sportsbook makes money when you lose; a flat pot fee is paid the same whoever wins. Two $5 stakes make a $10 pot on Locked, the winner receives $9, and Locked keeps $1 whichever way the match goes. Note also that the fantasy carve-out above does not rescue anyone here: it was written for fantasy and simulation contests scored across multiple real-world events, which is not what a console 1v1 is.

Where does Locked stand, and what does it leave to you?

Locked is built as a skill contest rather than a wager, and the structure is checkable rather than asserted. Both players stake the same amount. The outcome is whatever happens in the match. Locked takes a flat 10% of the pot regardless of who wins — two $5 stakes make a $10 pot, the winner receives $9, and Locked keeps $1 either way. There is no bookmaker, no odds and no house position, so Locked has nothing to gain from you losing. The full fee math is published.

Now the part that most platforms bury. Locked does not publish a state-by-state list, does not hold a gambling licence, and does not decide your jurisdiction for you. Its terms of service require you to be at least 18 and to be located somewhere entry-fee skill competitions are permitted — which means the question this page is about is one you are contractually answering yourself when you sign up. That is a real limit, and you should know it before you deposit rather than after.

Do you owe tax on money you win?

Generally, yes. In the United States money won in competitions is normally treated as taxable income whether or not a form ever arrives in the mail, and the specific reporting obligations depend on the amounts involved and your circumstances. We have deliberately not printed a threshold number here, because getting one wrong would cost a reader real money. Locked does not provide tax advice — if you are winning enough for this to matter, ask a tax professional rather than a gaming platform.

How do you check the rules where you live?

Six steps, in order. None of them require a lawyer until the last one, and the last one is the one that actually settles it:

  1. Step 1

    Find your own state's definition of gambling

    Every state writes its own. Search your state code for "gambling" or "contest of chance" in the penal or criminal code. That definition, not a blog post, is what a court would actually apply.

  2. Step 2

    Read how the definition treats chance

    The wording is the whole question. "Depends in a material degree upon an element of chance" is a different standard from "determined predominantly by chance", and a game can pass one and fail the other.

  3. Step 3

    Check whether an entry fee counts as consideration

    Some states treat any paid entry as consideration; others exclude entry fees that are paid out entirely as prizes. This is often where a skill contest and a wager are separated in practice.

  4. Step 4

    Check the age floor

    Age limits for paid competition are set by state law and by the platform. Locked requires players to be at least 18, which is the floor in its terms of service, not a legal ceiling for your state.

  5. Step 5

    Read the platform's terms on jurisdiction

    Most platforms in this category, Locked included, ask you to warrant that you are somewhere entry-fee skill competitions are permitted. That sentence moves the question to you — so read it before you deposit, not after.

  6. Step 6

    If real money is involved, ask a lawyer in your state

    General explainers, including this one, cannot account for your state, your amounts or your circumstances. A licensed attorney in your state is the only source that can, and this page is not a substitute for one.

Frequently asked questions

In most US states, competitions where the outcome is determined by player skill are treated differently from gambling, because gambling definitions generally require an element of chance. There is no single federal statute that settles it nationally — each state applies its own definition, and a few apply notably stricter tests. Whether that makes a specific contest lawful where you live is a question for a lawyer in your state. This is not legal advice.

Most state definitions turn on three elements together: a prize, consideration (something you pay or risk to enter), and chance. A head-to-head video game match plainly has a prize and consideration, so chance is the element that decides the question. New York, for example, defines a contest of chance as one where the outcome depends in a material degree upon an element of chance.

UIGEA does not decide legality by itself. It is a payments-enforcement statute: it defines unlawful internet gambling as a bet or wager that is unlawful under some other applicable federal or state law. In other words it borrows its answer from the law where you are. Any platform describing itself as UIGEA compliant is describing how it is structured, not a certificate it was issued.

This page does not publish a state-by-state verdict, and you should be careful with any page that does. Gaming attorneys who write those lists openly disagree with one another, several states have never settled on a single test, and the answer can turn on how a specific contest is structured rather than on the state alone. Check your own state code and ask a licensed attorney there.

Locked is built as a skill-based contest rather than a wager: both players stake the same amount, the outcome is determined by how they play the match, and Locked takes a flat 10% of the pot regardless of who wins, with no bookmaker, odds or house position. Players must be at least 18, and Locked's terms require you to be in a jurisdiction where entry-fee skill competitions are permitted — the rest of the mechanics are here.

No. Both statutes on this page describe staking on an outcome you are not producing: UIGEA reaches the outcome of "a contest of others", and New York defines gambling as staking on "a future contingent event not under his control or influence". A player in their own 1v1 match is the influence, not a spectator on it. A sportsbook also sets odds and holds the other side of your position, while a flat pot fee is paid the same whoever wins. Those are definitions, not a ruling for your state.

It is unsettled, and we would rather say so. The tests states apply do not ask whether any randomness exists — they ask how much the outcome depends on it, which is what "in a material degree" measures, and no court has applied that to console 1v1 sports titles. In our favour, whatever the engine produces is symmetric: both players play the same title on the same agreed settings, and nothing is dealt to one side. Against us, the strictest test asks about any chance at all. Anyone answering this with confidence is guessing.

In the United States, money won in competitions is generally treated as taxable income whether or not a form arrives in the mail, and reporting obligations depend on the amounts and your circumstances. Locked does not provide tax advice. If you are winning enough for it to matter, ask a tax professional rather than a gaming platform.

Not legal advice

This page is general information, not legal advice. It does not create an attorney-client relationship, it cannot account for your state or your circumstances, and laws change. For a decision that affects your money, consult an attorney licensed where you live.

Related reading: is Locked legit? covers escrow, disputes and what Locked cannot claim. How it works walks the match lifecycle, and responsible play covers limits and self-exclusion. New players can start with the welcome offer — first deposit matched 100% up to $25, from a $5 minimum, with a 3× playthrough on the bonus and a 7-day expiry.

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