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September 23,2003 

Mr. Clifton Lind 

President, C.O.O. 

Multimedia Games, Inc. 

8900 Shoal Creek Blvd., Bldg. 3 

Austin, TX 78757 

RE: Reel Time Bingo 

Dear Mr. Lind: 

The National lndian Gaming Commission (NIGC) Office of General Counsel (OGC) 

issues this Advisory Opinion as part of the Settlement Agreement signed by NIGC, 

Multimedia Games Inc. (MGAM) and the U.S. Department of Justice in Multimedia 

Games v. United States, No. 02-5161 (10th Cir.). The Agreement provided that MGAM 

would submit information on a game (Reel Time Bingo or RTB) that MGAM would 

substitute for the MegaNanza series of game, which were the subject of an April 15, 

2002, Advisory Opinion that concluded that MegaNanza was a class Ill game. The 

parties have engaged in lengthy discussions about what characteristics a Class II 

game must have and whether and how Reel Time Bingo possesses those 

characteristics. 

We base our opinion on: discussions held with Multimedia; game descriptions; live 

demonstration and play of the game at NIGC's Washington office; and laboratory 

reports from Gaming Laboratories International and Nick Farley & Associates. The lab 

reports considered several themes of games or "skins," including "Thunder Reel," 

"Wild Spinner," and "Meltdown" and evaluated the game as it was played when the 

reports were finished at the end of March 2003. The opinion stated herein is subject to 

Multimedia's submission to the labs for source code verification. We will require you to 

provide both the source code for the game and the signature for the code so that we 

may conduct monitoring of games. If lab reports indicate that the game is played or 

operated differently than described in this opinion, we will withdraw the opinion. 

Multimedia has specifically requested that this Advisory Opinion address RTB Version 

1.2 with modifications required by our office before we can conclude that the game is 

class II. This opinion is limited to the play of RTB as described herein. It is our 

understanding that this particular game is not presently in play in lndian Country. 

We have determined that RTB Version 1.2 is bingo and therefore a class II game 

under the lndian Gaming Regulatory Act (IGRA) when played as described in this 

Advisory Opinion. Consequently, the game may be offered on lndian lands without a 

tribal-state compact when otherwise played in accordance with the IGRA. 

Game Descri~tion 

Mechanics of the game: Reel Time Bingo is generated by a computer program that 

drives several displays offered by MGAM, "Meltdown," "Fruit Cocktail Deluxe," "Glory 
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7s," "Black and White," "Wild Spinner," and "Thunder Reel." The system is driven by 

three computers: the central host computer that maintains the database; the 

"cccentral Computer" or Local Host, which monitors game activity; and the Remote 

Computer, which displays current game status and communicates with the cccentral 

Computer. 

The remote server is located in Goldsby, Oklahoma, on the Chickasaw Nation 

reservation. That server stores the master sets of electronic bingo cards, determines 

the numbers drawn for each game, and makes sure that a game does not begin 

without a minimum number of players. 

The local server is the remote server's emergency backup. It also deals individual 

cards to each player's electronic player station (EPS). 

The version examined by the laboratories required 15 players, either in one hall or 

linked between halls, for a game to begin. However, in some circumstances a game 

may be played with fewer than 15 players. For example, if a game is linked between 

halls and two (2) or more people have logged on and have waited 21 seconds, the 

system will allow the game to be played with as few as two (2) players. Also, if the 

game is not linked between halls and five (5) or more players have waited 21 seconds, 

the system will allow the game to be played with as few as five (5) players. In this latter 

scenario in which the game is not linked, if fewer than five (5) players log on, the 

system will wait for up to two (2) minutes for more players to log on. In all cases, if the 

requisite number of players does not log on in the requisite time, the system refunds 

players' money. After more than 15 players log on, a new game is formed. New games 

may be formed within seconds of a previous game. 

RTB uses two card perms, each with 100 decks. Each deck has 3003 cards. When the 

local host connects to the remote server, the remote server downloads a deck. After 

the cards have been electronically shuffled, the local server "deals" individual cards to 

each player's Electronic Player Station (EPS). 

Game Plav: Before play begins, a player may either open an account at a Point of 

Sale (POS) terminal or deposit money in the machine. At a POS, a cashier adds the 

amount the player chooses to the player's account, which is entered into the POS 

computer, and the player chooses a PIN number. The player may then chose to have 

the cashier issue either a receipt with an account number or a Player Club Card with 

the account number encoded. The account number is registered in the gaming 

operation's local computer. To increase an account's value, a player may use a bill 

validator on an EPS or deposit more money into the account at the POS terminal. 

Cashing out is done only at the Point of Sale terminal, however. 

Once money or the POS-issued card is inserted into the EPS, the system "deals" a 

card to the player, which appears on the upper left hand corner of the screen. The 

card has the appearance of a traditional bingo card, with a grid of five across and five 

down, with no free space. The player may reject the card that has been dealt by 

touching it on the EPS screen, whereupon an alternative card is shown. The player 

may continue to reject cards until one comes up that the player wants to play, 

whereupon the player stops touching the electronic cards. The player will continue to 

play this card until he or she stops playing or switches to another card after game play 

has stopped. In no case do players play duplicate cards. 

After choosing a card, the player chooses the amount he or she wants to wager. The 

player then hits the "play" button on the player's terminal. 

Play of the game starts once the requisite number of players have logged onto the 
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system. At that point, a random number generator (RNG) generates 75 numbers in 

rapid succession. The balls are revealed in the order in which they were generated 

and in at least two phases. The first phase reveals fewer balls than are required to 

create the game-ending pattern-in RTB, a V created by three spots--on one of the 

cards that have been dealt. A player wins when he or she is the first to cover numbers 

that create the game-ending three-point "V." 

Players cover their cards by daubing. The monitor cues all players to daub after each 

series of balls is revealed. Players daub either by hitting the button marked "play" on 

the front of the EPS or by touching anywhere on the touch screen on the EPS's 

monitor. Numbers are not daubed individually. The game ends when a player daubs 

and covers the game-ending pattern. 

Patterns other than the "V also win prizes, so-called "interim" or "bonus" prizes. 

According to the GLI lab report, there are approximately fifty (50) possibly winning 

patterns. GLI Report, p. 5. However prize-winning patterns other than the gameending pattern can be created only from patterns created by the first 30 numbers of 

the 75 that are generated. In addition, an interim prize can be won only if the player 

actually daubs to cover the pattern. If a player with an interim prize pattern does not 

daub, that player does not win a prize. Furthermore, if no interim prizes are generated 

within the first 30 balls, the only prize that will be awarded for the game is for the 

game-ending pattern. 

If a player with a game-ending pattern does not daub, that is, when a player "sleeps 

the bingo," the game continues, with more of the 75 numbers being displayed until 

another player has a game-ending pattern. If that person also sleeps the bingo, more 

numbers are revealed until the last possible player has the game-ending pattern. That 

person, like all other players have been, is cued to daub. Unlike other players, 

however, the last person to have a game-ending pattern must daub or else another 

game cannot begin. In other words, the last possible player to have the game-ending 

pattern cannot sleep the bingo. Once the game-ending pattern is daubed, the game 

ends. All daubs, except for that of the last person to have the game-ending pattern, 

must happen within a set amount of time, which appears to be approximately three (3) 

seconds. The monitor flashes the word "daub" and the number of seconds remaining 

in which the daub can happen. For the last possible person who has a game-ending 

pattern, "daub" flashes indefinitely. 

Some games may have progressive prizes. 

Display Patterns: The player has a choice of two visual formats in which to play RTB, 

a bingo card format and a spinning wheels format. In both, a bingo card appears in the 

upper left hand corner of the screen. The card is at least 2 118 inches both horizontally 

and vertically with numbers appearing in at least a 16-point font. Before the play button 

is touched, the card displays as gray numbers on a black background. When numbers 

forming a winning pattern-either game-ending or interim-are daubed, they change 

from gray on black to white numbers within a red circle. Numbers that are released 

within the first 30 but that do not form a winning pattern are displayed as black 

numbers within gray circles. Numbers that are revealed after the first 30 numbers are 

released display as white numbers on a black background. 

In both formats-bingo and spinning reels-the space immediately below the bingo 

card shows the numbers generated by the RNG in the order they were generated and 

as they are released. In the bingo format, however, the upper left-hand corner bingo 

card appears also in a larger form to the right of the miniature bingo card, on the 

central part of the monitor. The effect is that the bingo card appears twice on the 

screen. In the spinning wheels format, the player sees what look to be spinning reels, 

not the magnified bingo card, in the main part of the screen. The player chooses 
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between the two formats by touching the "card display" or "reel display" button on the 

bottom left-hand corner of the screen, which switches the display in the main part of 

the screen from the bingo card to rows of spinning wheels or other displays. While the 

numbers are being drawn in the bingo-card format, the bingo cards stay stationary. 

While the numbers are being drawn in the spinning-reels format, the main part of the 

screen looks like a slot machine display, simulating spinning wheels until the numbers 

are released, at which point the spinning stops. 

It appears from the lab reports that the spinning reel effect is derived from the bingo 

card. For example, in the "Wild Spinner" version of RTB, if the numbers that are 

generated create a pyramid pattern on the bingo card, the spinning-reels display 

shows three Sevens; if a "crazy small kite" pattern is formed on the bingo card, the 

spinning-reels display shows three double bars. (March 17, 2003, GLI Report, p. 6.) 

There are approximately 50 pre-designated prize-winning patterns and one (1) gameending pattern, the V. Winning patterns except for the game-ending pattern can be 

won only from the first 30 numbers that are generated. In a game played in the bingo 

format, after a game-ending pattern is generated and the daub button touched, red 

circles appear around the numbers that form the winning patterns. In a game played in 

the spinning wheel format, after a game-ending pattern is generated and the daub 

button touched, the payline running through the wheels becomes a blinking "winner" 

line and the shape of the winning pattern appears as a word written at the bottom of 

the screen. For example, when the winning pattern is the game-ending pattern, the 

word "Triangle" appears at the bottom of the screen. If the winning pattern is one of the 

interim-prize winning patterns, other words appear. For example, a box formed by four 

numbers in a corner generates the phrase "edge biscuit." 

Applicable Law 

The lndian Gaming Regulatory Act (IGRA) governs gaming on lndian lands. The IGRA 

defines class II gaming in relevant part to include: 

i. the game of chance commonly known as bingo (whether or not electronic, 

computer, or other technologic aids are used in connection therewith)- 

I. which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

11. in which the holder of the card covers such numbers or designations 

when objects, similarly numbered or designated, are drawn or 

electronically determined, and 

Ill. in which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, 

including (if played in the same location) pull?tabs, lotto, punch boards, 

tip jars, instant bingo, and other games similar to bingo[.] 

25 U.S.C. 5 2703(7)(A). Games that are not within the definition of class II games are 

class Ill. See 25 U.S.C. § 2703(8). 

NlGC regulations similarly define class I1 gaming to include: 

a. Bingo or lotto (whether or not electronic, computer, or other technologic aids are 

used) when players: 

1. Play for prizes with cards bearing numbers or other designations; 
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2. Cover numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically determined; and 

3. Win the game by being the first person to cover a designated pattern on 

such card; 

b. If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, 

instant bingo, and other games similar to bingo[.] 

25 C.F.R. 3 502.3. 

IGRA provides that class II games may utilize "electronic, computer or other 

technologic aids." 25 U.S.C. § 2703(7). NlGC regulations define a technologic aid as 

"any machine or device that: (1) assists a player or the playing of a game; (2) is not an 

electronic or electromechanical facsimile; and (3) is operated in accordance with 

applicable Federal communications law." 25 C.F.R. 5 502.7(a). 

In short, if a game contains the fundamental characteristics of a class II game and is 

played using an electronic or other technologic device, the determining factor in its 

classification is whether the electronic device is an aid to the play of a game, in which 

case the game is class II, or whether the electronic device is a facsimile of a game, in 

which case the game is class Ill. A game's classification matters in that, under IGRA, 

class Ill games may be played only pursuant to a tribal-state compact. See 25 U.S.C. 

§ 271 O(d)(l )(C). 

Analvsis 

To issue a game classification opinion for any electronic game, the NlGC must 

evaluate the elements of the game and determine whether the game is an "electronic 

aid" to the play of a class II game or an "electronic or electromechanical facsimile" of a 

game of chance or a slot machine. At issue with Reel Time Bingo is whether the 

game, which is played electronically, is class II or a facsimile of a slot machine. 

The definition of bingo contained in IGRA consists of three specific criteria. Reel Time 

Bingo meets each of these and is thus bingo under the Act. 

A. Statutory Criteria for Bingo 

I. Cards Bearing Numbers 

First, the Act requires that the game be played for prizes "with cards bearing numbers 

or other designations." 25 U.S.C. 2703(7)(A)(i)(l). There is no statutory requirement 

that bingo be played with paper cards as in a traditional bingo game. In fact, case law 

and NIGC's regulations provide that class I1 bingo games may be played with 

electronic cards. The U.S. Court of Appeals for the Tenth Circuit, in U.S. v. 162 

Megamania Gambling Devices, 231 F. 3d 713 (10th Cir. 2000) ruled that a game, 

Megamania, was class II because it met the three statutory criteria for bingo, among 

them, that the game "is played with an electronic card that looks like a regular paper 

bingo card containing a grid of numbers ...." Id. at 719. The Ninth Circuit also affirmed 

the class II status of Megamania, observing that the game consisted of "electronic 

game 'cards."' U.S. v. 103 Electronic Gambling Devices, 223 F. 3d 1091, 1093 (10th 

Cir. 2000). NIGC's regulation on technologic aids, 25 C.F.R. 5 502.7(c), explicitly 

names "electronic cards for participants in bingo games" as an example of an aid, 

which is allowable for class II games under 25 C.F.R. §502.3(a). 
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It can thus be said that Reel Time Bingo is played with cards in that the game, in both 

its bingo and spinning wheels formats, is played with electronic bingo cards. These are 

bona fide cards in that they are readily visible even when the game is played in the 

spinning wheels format. The cards have dimensions of 2 118 inch by 2 118 inch, have 

high color contrast among the screen, the grid, and numbers within the grid, and are in 

an easy-to-read 16-point font. 

The fact that the electronic card is readily visible and is integral to the play of the game 

is critical to our opinion that Reel Time Bingo meets the first statutory criterion. We do 

not consider the mere existence of an electronic card on a screen to meet the criterion. 

The game must be played on the cards, and the results of the game apparent on the 

cards, independent of the spinning wheels or other pattern. Part of the integral role 

that the bingo card plays in the case of RTB is that the bingo format of the game drives 

the spinning wheels display. That is, the numbers that are drawn and the patterns they 

form are what determine the patterns that the spinning wheels take. It is also important 

that the card is readily visible and that a player is able to discern what prize, if any, has 

been won by seeing the pattern on the bingo card. In short, for a game to be bingo, the 

bingo card must not be irrelevant. If the bingo card plays no substantial role in the 

game, the first statutory criterion will not be met. 

2. Holder of the Card Covers When Objects Are Drawn 

The second statutory requirement is that "the holder of the card covers" the numbers 

on the card "when objects.. .are drawn or electronically determined.. . ." 25 U.S.C. 2703 

(7)(A)(i)(ll). Reel Time Bingo meets this requirement. 

We note that the Act requires that the "holder" of the card, not just the possessor of a 

winning pattern, must cover the numbers when they are drawn. For this reason, it is 

important that all players, not just the winners, have the opportunity to daub when balls 

are released. 

Also, as we have noted in previous opinions, IGRA requires that a player cover "when" 

objects are drawn. Webster's Collegiate Dictionary (10th ed.) defines the conjunction 

"when" as: la: at or during the time that: WHILE.. .b: just at the moment that.. .c: at any 

or every time that ... 2: in the event that: IF ... 3a: considering that. ..b: in spite of the fact 

that: ALTHOUGH.. .4: the time or occasion at or in which.. . . 

Reel Time Bingo meets the requirement that a player cover when objects are drawn in 

that numbers are not stored in RTB. Instead, numbers are released sequentially and 

players all have the same opportunity to cover (or daub) immediately upon release of 

each series of drawn balls. Players purchase their cards prior to numbers being 

generated. Once numbers are generated, players are cued to daub their cards. As in 

paper bingo, players cover in response to the numbers being drawn that correspond to 

numbers on their cards. 

3. Game Won by First Person Covering Previously Designated Pattern 

The third statutory requirement of bingo is that the game must be won by the first 

person covering a previously designated arrangement of numbers or designations on 

such cards. 25 U.S.C. 9 2703(7)(A)(i)(lll). Reel Time Bingo meets this criterion by 

having the first person who covers one of several pre-designated patterns wins the 

prize associated with that pattern. The person who first daubs the game-ending 

pattern-a V created by three (3) covered spaces-in particular wins the prize given 

for ending the game. 

The fact that the game allows for "interim" or "bonus" prizes by players other than the 
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one with the game-ending pattern does not negate this finding. The U.S. Court of 

Appeals for the Ninth Circuit in U.S. v. 103 Electronic Gambling Devices, 223 F.3d 

1091 (9th Cir. 2000) makes clear that the third statutory can be met even if prizes are 

won by players before there is a game winner: 

The sum of the matter is that the IGRA requirement that a "bingo" game be "won" by the "fir 

player" covering a pre-designated pattern does not mean the game must end when one pla: 

does so, so that everyone else wins nothing. 

Id. at 1098-1099. The court thus held that a game in which players won interim prizes 

before the game-ending prize was covered could be class II. 

The Tenth Circuit has similarly held that 

nothing in the Gaming Act or [NIGC] regulations prohibits more than one winner or "interim 

prizes" during a game of bingo. 

U.S. v. 162 Megamania Gambling Devices, 231 F. 3d 713, 722. Thus, the fact that the 

first person to cover a pre-designated pattern does not end the game does not 

foreclose finding that the game is class II. 

Reel Time Bingo also meets the requirements that the person actually cover the 

predesignated pattern. This requirement would not be met if players could, in one 

motion, start the game, win, and claim their prizes. Bingo requires participation of 

some degree. Merely hitting a start button and having numbers covered would not 

comply with the degree of participation that the statutory language-"the first person to 

cover"-implies. Likewise, an automatic daub, in which the player need not have any 

response to the numbers that are called, would not be acceptable. The statutory 

criterion is met in Reel Time because, after initiating play, players cover their numbers 

either by hitting the daub button on the game's hardware or touching the monitor 

screen when cued. 

We can conclude that RTB meets the third statutory criterion also because the game 

requires there to be at least two releases of numbers before a winning game-ending 

pattern is created. The statutory language, "won by the first person," describes a 

contest or race among players to be the first to win. Central to "the game of chance 

commonly known as bingo" is the competition built up over the course of successive 

ball draws, as each player covers matching numbers or designations in an attempt to 

be the first to cover the winning pattern. 1'1 No such challenge exists where all of the 

balls are revealed at once. Said differently, if all the balls necessary to produce a 

game-winning pattern are drawn at once, the game will likely end with only one ball 

draw, thereby removing the contest element. 

Our interpretation of the statutory definition, requiring balls to be released in multiple 

rounds during the course of the game, is supported by case law. In the Ninth and 

Tenth circuits' opinions on MegaMania, the courts found that the game was Class 11. 

U.S. v. 103 Electronic Gambling Devices, 223 F.3d 1091 (9th Cir. 2000); U.S. v. 162 

MegaMania Gambling Devices, 231 F. 3d 713 (10th Cir. 2000). i2] The courts reached 

their decisions after an analysis of the play of the game and whether it met the 

statutory criteria for bingo. According to the courts, in MegaMania numbers are drawn 

by a bingo blower and released three balls at a time. If a player wants to continue 

playing the game after the first three balls are drawn, the player pays additional money 

to stay in the game for the release of the next three balls. The game is won by the first 

person to cover a five-space straight line on an electronic bingo card. 
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Intrinsic to the play of MegaMania are the successive rounds that a player must 

engage in to win the game. The game cannot be won after a single ball release. The 

Ninth Circuit's ruling-limited as it was to the facts-recognizes an inherent character 

of bingo: that the game requires a player to participate in a process of numbers being 

revealed. MegaMania could be won by two successive ball draws and so we do not 

require more than two ball releases. But we do interpret IGRA's definition of bingo, 

with the winner being the first to cover, as requiring more than one release. 

Consequently, the number of balls released must be some number less than the 

number of balls required for a player to achieve the win, that is, the game-ending 

pattern. 

Our interpretation of the third statutory criterion is consistent with both case law and 

the statutory definition, and also honors what we understand "the game of chance 

commonly known as bingo" should be. We are wholly cognizant of the Ninth Circuit's 

caveat that "Whatever a nostalgic inquiry into the vital characteristics of the game as it 

was played in our childhood or home towns might discover, IGRA's three explicit 

criteria constitute the sole legal requirements for the game to count as class I1 bingo. " 

103 Electronic Gambling Devices, 223 F.3d at 1096. We are also aware that the lines 

between what constitute class II and class Ill games are being blurred by technological 

advances that Congress could not have foreseen and did not explicitly address in 

1988 when it enacted IGRA, with its three simple statutory criteria for what constituted 

bingo. We nonetheless must continue to distinguish class II from class Ill games 

because Congress distinguished between them. The Committee Report on the bill that 

became IGRA noted that "both State and tribal governments have significant 

governmental interests in the conduct of class Ill gaming." S. Rep. 100-446, p. 13. 

Having weighed the merits of different interpretations of the third statutory criterion, we 

find that requiring multiple ball releases is in keeping with the statutory language, case 

law, and with our concern that play of bingo must be distinguishable from the play of a 

slot machine, over which Congress intended tribes and states to compact. 

The requirement that the first person to cover wins is also met by RTB's provision that 

allows the game to continue if a player sleeps his bingo or fails to daub when he or 

she has one of the predesignated patterns. Not allowing a player to sleep results in a 

game in which no one has to cover; the game would simply end, either with no one 

winning or with a person winning who has not had to cover. In RTB, if the player fails 

to daub, the player forfeits his prize and the game continues, with more numbers being 

revealed, until a player does cover a predesignated pattern. 

B. Electronic Aid v. Facsimile 

In addition to meeting the requirements for bingo, a game can be class II so long as it 

includes an electronic aid and is not an electronic or electromechanical facsimile. 25 

C.F.R. 502.7(a). NIGC's regulations define an electronic, computer or other 

technologic aid as: 

a. Electronic, computer or other technologic aid means any machine or device 

that: 

1. Assists a player or the playing of a game; 

2. Is not an electronic or electromechanical facsimile; and 

3. Is operated in accordance with applicable Federal communications law. 

b. Electronic, computer or other technologic aids include, but are not limited to, 

machines or devices that: 

I. Broaden the participation levels in a common game; 

2. Facilitate communication between and among gaming sites; or 

3. Allow a player to play a game with or against other players rather than 

with or against a machine. 

c. Examples of electronic, computer or other technologic aids include pull tab 
Page 9 of 10 

dispensers and/or readers, telephones, cables, televisions, screens, satellites, 

bingo blowers, electronic player stations, or electronic cards for participants in 

bingo games. 

25 C.F.R. § 502.7. 

NlGC regulations define electronic or electromechanical facsimile as follows: 

Electronic or electromechanical facsimile means a game played in an electronic or 

electromechanical format that replicates a game of chance by incorporating all of the 

characteristics of the game, except when, for bingo, lotto, and other games similar to bingo, 

electronic or electromechanical format broadens participation by allowing multiple players tc 

with or against each other rather than with or against a machine. 

25 C.F.R. 9502.8. The electronic characteristics of Reel Time Bingo fall into the 

category of electronic aid. 

First the EPSs on which the game may be played are linked in two ways. One, they 

are linked within the gaming operation so that players compete against each other in 

one location. We note that in this situation, five (5) players are required for a game to 

begin. Two, games may be linked through the central system, enabling players from 

different gaming operations or different reservations to compete against each other. In 

this scenario, the game may be played with as few as two (2) players. These 

characteristics meet the definition of electronic aid, in that they "broaden the 

participation levels in a common gamem-that is, a single game-facilitate 

communication between gaming sites, and allow players to play against other players. 

25 C.F.R. §502.7(b)(I), (2), (3). 

We note, too, that the linking of EPSs creates a format that "allows multiple players to 

play with or against each other," which is one of the exceptions to the definition of 

electronic facsimile for bingo games. The Reel Time Bingo game is set up to allow as 

few as two (2) but up to 15 multiple players to play. The game allows 21 seconds for 

up to 15 players to play when the game is linked between halls, but will allow two (2) 

players to play after the 21-second wait. It waits two (2) minutes for there to be 15 

players when the game is not linked, but will allow five (5) players to play after the twominute wait. The game is thus designed to allow multiple players and gives ample time 

for there to actually be multiple players. We can therefore say that the game broadens 

participation. 

Moreover, participation among players, rather than against the machine, is 

encouraged by the successive ball releases. By requiring players to participate and 

actually play the game, rather than simply start the game and complete it in one ball 

release, RTB broadens participation as well as requiring the player to play against 

other participants rather than just against the machine. 

In short, RTB is not a facsimile. It may therefore be classified as class II. 

Sincerely yours, 

IS/ Penny J. Coleman 

Penny J. Coleman 

Acting General Counsel 

~11~ 

cc: NlGC Region Chiefs for distribution to tribes 
Page 10 of 10 

L1l~his conclusion that Congress and the Commission intended class I1 bingo to be a competition with or against 

other players is also key to the distinction between class Ill facsimiles of a game, in which players play against a 

machine, and class II bingo aids, in which players play against each other. 

I2]The Ninth Circuit specifically found that MegaMania was bingo. The Tenth Circuit was not so specific: "Having 

determined MegaMania is a Class II game, we see no reason to go any further, and leave the specific question 

whether MegaMania is bingo or a 'game similar to bingo' for future resolution." 162 MegaMania Gambling 

Devices, 231 F.3d at 725, n.lO. 

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