Are Skill-Based Cash Games Legal in South Dakota?
No — not for cash. As of 2026, the Skillz platform does not offer paid-entry tournaments to players located in South Dakota, so you cannot play Atay Games' cash tournaments there. You can still play every game for free, and cash play switches on automatically if you log in from a state that permits it.
What the law actually says
Under US law, a game only counts as gambling when prize, entry fee, and chance all combine and chance is the dominant factor. Skill-based games remove that third element. On the Skillz platform that powers Atay Games, every player in a match receives the identical board, card deal, or puzzle layout, so randomness is equalized and the result comes down to speed, accuracy, and strategy. That is the “predominance of skill” standard most states apply to separate skill contests from gambling.
How winnings are taxed in South Dakota
Because cash play is not available in South Dakota, there are no in-state winnings to report. If you play in a permitted state while traveling, that state's tax rules and federal reporting apply to your net winnings.
Cash play in states near South Dakota
The nearest places to play for cash are Minnesota, Nebraska, North Dakota, and Wyoming, which permit skill-based cash tournaments.
Play free in South Dakota
Cash tournaments are off in South Dakota, but every title is free to play. Browse the full game library — including puzzle, word, card, and board games — and play free practice rounds. Cash play unlocks automatically if you log in from a permitted state.
Free play works everywhere in South Dakota, from Sioux Falls to the capital, Pierre — only paid cash entry is switched off, and that restriction applies statewide, not city by city.
South Dakota — Common Questions
Can I play any games in South Dakota?
Yes — every game is playable for free in South Dakota. Only paid-entry cash tournaments are unavailable.
What if I travel out of South Dakota?
Cash play turns on automatically when you log in from a state that permits it, based on your device location.
Last verified June 2026. This page is general information, not legal advice. Cash-game availability is determined by the Skillz platform and can change; your in-app status at login is always current.