Managing Editor
Renowned sports commentator Stephen A. Smith has signed a deal with Papaya Gaming to host its upcoming Solitaire World Championship in Miami, even as the company heads to trial over accusations of false advertising stemming from the use of house bots from 2019 until at least 2023.
The deal includes ad spots for the championship, using actual footage of Smith juxtaposed with AI-generated imagery. Papaya is offering 400 players who qualify through its app all-expenses trips to an unspecified five-star hotel, where they will compete next February for $300,000 in prizes.
Meanwhile, Papaya has lost its bid to have the case brought against it by rival Skillz dismissed. Having initially denied the factual basis of the claim, Papaya no longer disputes that, at one time, it pitted human players against computer-controlled adversaries. Some were used to fill tournaments that had insufficient human players, but others were deployed to guarantee a specific outcome — win or loss — for a particular player.
Its defense now hinges on arguments that it never deceived its users about the bots’ existence, and that Skillz suffered no harm.
However, a federal judge in New York determined that a reasonable jury could find in Skillz’s favor and that the case should therefore proceed.
According to Papaya’s press release, the inspiration for the endorsement deal came from a viral photo of Smith playing solitaire on his phone during Game 4 of the NBA finals. It quotes Smith as saying he’s “proud” to be a part of what Papaya is building:
When I first heard about the World Solitaire Championship, I was intrigued. They’re taking a classic game and turning it into something bigger, something that celebrates skill and competition, and that’s something I’m proud to be a part of.
Papaya claims that it has discontinued its use of computer opponents. A PR agency representing Smith did not immediately respond to a request for comment on this aspect of Papaya’s reputation. However, Papaya responded with the following comment:
“Papaya looks forward to vigorously proving in trial that Skillz’ misleading accusations against the company are false and unjustified. Papaya will continue to lead the industry with innovation while remaining focused on our mission to empower players with skill-based and fair competition.”
Inside the World of Real-Money Skill Gaming
Although sports betting is now legal and regulated in the majority of American states, the legalization of other forms of online gambling hasn’t kept up. That has created high demand for alternative ways to try to win money while playing games. Sweepstakes casinos and prediction markets are the “gambling-adjacent” products currently receiving the most attention, but skill games are another important vertical.
Each state has its own definition of gambling, but the phrase “games of chance” is almost always present. Contests that involve an element of skill can therefore skirt the law, though how much skill is necessary to avoid the gambling label is often a matter of legal debate. Whereas gray market “skill machines” in a retail environment typically add some decision-making to slots-like gameplay, online skill games pit players against one another with money on the line. It’s a bit like online poker or daily fantasy sports in that the house just takes a cut of the entry fees.
Some platforms, like Skillz, focus on heads-up play. Unlike online poker or DFS, these platforms use match-making to avoid pairing strong players with weak ones. That keeps everyone’s win rate close to 50/50 and makes it difficult to overcome the fees and turn a profit. Papaya, on the other hand, focuses on multiplayer contests.
Even some mainstream gambling operators are taking an interest in skill gaming. FanDuel Faceoff is one such foray, which features a mix of standard solitaire-like games and custom sports-themed fare. DraftKings’ startup incubator, DRIVE, also has investments in several smaller skill gaming companies.
Skillz v. Papaya Headed to Trial
Skillz was a pioneer in the mobile skill-gaming space and has been pursuing its competitors aggressively in court to defend its turf. One early target was AviaGames, from which Skillz eventually extracted a $43 million penalty for patent violations.
In the course of discovery for that trial, Skillz uncovered evidence that AviaGames was using bots to cheat its players, which led to a federal investigation.
When it next set its sights on Papaya, Skillz skipped any patent-related accusations and went straight to botting. Papaya initially denied the allegations while simultaneously arguing that even if it was using bots, there was no harm and no misrepresentation taking place. However, it was later forced to admit the facts of the matter, and Judge Denise Cote disagreed with the company’s arguments for a lack of harm or deception, writing:
Papaya’s advertising led customers to make pointed inquiries about Papaya using bots and to fling angry accusations at Papaya did not respond to the inquiries and accusations by acknowledging bot usage, but by denial […] Papaya executives modified its bots’ performance to make bot profiles appear more human so that fewer users would detect their usage going forward.
Cote’s ruling isn’t a final verdict, just a refusal to summarily dismiss the case.
With its avenues for defense narrowing, Papaya has resorted to an “everyone does it” style of argument, which Cote summarizes:
Papaya argues that bots are so ubiquitous in the industry that consumers ‘fully expect’ them to be deployed. It explains its decision not to disclose its use of bots as in line with industry practice.
High-Stakes Solitaire in Miami
Although Papaya and similar companies offer a variety of games, solitaire-based products consistently appear to be the top performers. That’s Papaya’s focus for the latest promotion, which will award 400 packages to an in-person Miami tournament with $150,000 for the winner and a similar amount divided up into prizes for the runners-up.
Smith will be present as the host of the tournament.
Qualifying happens through Papaya’s Solitaire Cash app, through two-stage daily contests. The first stage requires players to score higher than a certain number of points in any solitaire tournament. Those who pass the threshold advance to the second stage, which is a leaderboard. Top players on the leaderboard win one of 300 packages to Miami. The other 100 packages have been reserved by Papaya to distribute in other ways.
The event will take place in February 2026, but the exact dates and venue haven’t yet been determined.
Papaya’s site features one of the new ads with Smith. The background depictions of the tournament and its venue are AI-generated The Artery, a visual effects studio in New York.
