Mr. Larry Montgomery 

president & C.O.O. 

~ultimedia Games, Inc. 

7335 S. Lewis, Suite 204 

Tulsa, OK 74136" 

Dear Mr. Montgomery, 

Thank you for your letter of February 2, 1996, on behalf of 

~ultimedia Games, Inc., requesting an advisory opinion on whether 

the "MegaMania Systemtt is a Class I1 or Class I11 game under the 

Indian Gaming Regulatory Act (IGRA). ~pecifically, Multimedia 

Games, Inc. has requested the National Indian Gaming Commission 

(NIGC) to determine whether the game as presented below is 

consistent with the definition of nBingoN as a form of Class I1 

gaming. As you know, the game of bingo is defined in the IGRA. In 

addition, IGRA requires that all Class I1 gaming be conducted on 

Indian lands. 25 U.S.C. S 2710 (b) (1). We have reviewed the 

materials submitted. For the reasons outlined below, we conclude 

that the Megamania System is a Class I1 game. 

MegaMania is generally understood to be a bingo game whereby not 

less than four players, situated in one or more of several Indian 

bingo halls, each of which have paper cards or Electronic Player 

Stations (EPS) which are electronically interconnected, may 

simultaneously play the same game of bingo. Using paper or an EPS, 

each player paysothe same entry fee or price per bingo card played 

therein, and the players compete against one anoth r for the same 

prizes. Individual features of this game will be add essed further 

during the course of this opinion. 

b 

As shown and described in the informational packet provided by 

Multimedia Games, Inc., an EPS unit consists of a computer and a 

computer monitor. The player of MegaMania must purchase bingo 

cards to play the game. Cards are purchased from a clerk at the 

bingo hall. The clerk enters the amount paid by the player into 

the computer system and gives the player a PIN number to enter into 

the EPS. The player then sits in front of the EPS computer 

monitor. The monitor indicates when the bingo game will start, the 

amount of credit remaining, the game pattern to be played, and 

displays up to four bingo cards. The monitor also displays images 

of the three balls drawn and the corresponding numbers are 

automatically daubed on each card. The monitor will also indicate 

when the player has won a consolation prize, 8.9. matching the 

first two or three balls drawn. The monitor also shows how many 

cards are in play and previous numbers that have been drawn. In 

1441 L STREET, N.W. 09THFLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
addition, the monitor will indicate that a bingo has occurred, at 

what site the bingo has occurred, the serial number of the winning 

blw cards, and the ambunt won. 

The IGRA, 25 U.S.C. S 2703, defines Class I1 bingo games as 

follows : 

(7) (A) The term "Class I1 gamingn means- 

(i) The game of chance aommonly known a8 bingo 

(whether or not electronic, computer, or other 

technological aides 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 

(111) In which the game is won by the first 

person covering a previously designated 

arrangement of numbers or designations on such 

cards. 

The IGRA defines Class I11 games as all forms of gaming that are 

q,~ not Class I gaming or Class I1 gaming. 25 U.S.C. S 2703 (8). 

Your company provided the NIGC with a packet of information which 

contains printed material and exhibits explaining the specific 

features and characteristics of the MegaMania System. As described 

in the literature provided, the ~egamania System enables Indian 

bingo halls to offer an enhancement to the chip-up or ante-up bingo 

game. The MegaMania System also allows customers to have the 

choice of playing on paper or using EPS8s. Further, MegaMania 

allows the EPS to be used during regular bingo sessions, or 

immediately preceding or following the regular bingo session. 

MegaMania also uses the multi-hall linking technology of the 

MegaBingo System. MegaBingo was determined to be a Class I1 game 

by the NIGC on July 26, 1995. 

i The information you submitted describes the specific features of 

MegaMania. The system is set to require a minimum of 12 players 

li, before the EPS's can be utilized. Thus players play against each 

other and not a machine. In the legislative history of IGRA, the 

Senate Select Committee on Indian Affairs discussed the definition 

of Class I1 gaming: 

"The Committee intends that tribes be given the 

opportunity to take advantage of modern methods of 

conducting class I1 games and the language regarding I IIIIW technology is designed to provide maximum flexibility. 
In this regard, the Committee recognizes that tribes may 

wish to join with other tribes to coordinate their class 

I1 operations and thereby enhance the potential of 

increasing revenues. . . Simultaneous games participation 

between andoamong reservations can be made practical by 

use of computers and telecommunications technology as 

long as the use of such technology does not change the 

fundamental characteristics of the bingo or lotto games 

and as long as such games are otherwise operated in 

accordance with applicable Federal communications law. 

In other words, such technology would merely broaden the 

potential participation levels and is readily 

distinguishable from the use of electronic facsimiles in 

which a single participant plays a game with or against 

a machine rather than with or against other player^.^ 

Senate Report No. 100-446 at 9. 

The integrated system of linking multiple halls enables the 

MegaMania to be played with no less than 48 card faces in play. 

This ensures that the winning of any low-tier prizes will be funded 

by the players in that low-tier game. The system also ensures that 

all players in any of the halls located throughout the country will 

be playing for the same prizes based on numbers being drawn at one 

location. Thus each player simultaneously is playing the same 

game. 

utilization of the EPS does not transfoh the MegaMania system into 

a gambling device which would be prohibited pursuant to the Johnson 

Act. 25 U.S.C. S 1171(a). The EPS merely links participant 

players located at various Indian casinos into a bingo game played 

live at another location. While Johnson Act machines, e.g. slot 

machines, may be linked together to build large jackpot prizes, in 

MegaMania the bingo numbers or designations are selected at one 

location and are downloaded simultaneously to all participating 

EPS's. The EPS is merely a screen projecting the game that ie 

conducted live at Creek Nation where actual bingo balls are being 

drawn. The EPS displays the numbers being drawn, marks the numbers 

matched, and records the amount of winnings received when a jackpot 

or consolation prize is won. This does not change the fact that 

one bingo game is being played and does not alter the fundamental 

characteristics of that bingo game. 

As noted by the NIGC in explaining 25 C.F.R. S 502, regarding 

Electronic, Computer or Other ~echnologic Aid: 

@@In the view of the commission, Congress 

intended to classify as Class I1 gaming such 

technology that would enhance the playing of 

Class I1 theme games, but not technology that 

would constitute a gambling device under the 

Johnson Act. For example, the omm mission 

recognizes as falling within the scope of 

Class I1 technology devices that allow bingo 
players to keep track of cards, bingo blowers, 

or similar devices that may help in performing 

one function of bingo.n 

I " ~efinitions Under the Indian Gaming Regulatory Act; Rule, 57 Fed. 

Reg. 12,386 (1992). 

Bingo card minders, on which MegaMania and other bingo games are 

played, are designed specifically to ensure that all participating 

players are playing from the name numbers or designations that are 

downloaded simultaneously to all EPS8s. Players can not play 

different number& than are being p1ayed.b~ others in the game. As 

stated before, MegaBingo has already been determined to be a Class 

I1 game by the NIGC. 

The game plays to a jackpot or consolation winner every time, based 

on a pregame announced number of balls called. Although the game 

is fast, the players are playing toward a straight-line bingo and 

the requirement of covering the designated number or pattern is 

present. Additionally, the player at any EPS is only allowed to 

play four cards per game. If the player decides not to ante-up on 

a particular card, that card is irreclaimable for play for the 

remainder of that specific game. The prize is paid to the first 

person covering the announced numbers or patterns. 

Bingo, defined as Class I1 gaming in 25 U.S.C. S 2703 (7) (A) (i), 

also allows games which are Mcommonly known as bingo." MegaMania 

includes low-tier prizes which are awarded during the ascension to 

w the high-tier straight bingo game. There are many examples of 

random number games being played in bingo (similar to the first 10, 

5 or first number covered being a winner) which meet the definition 

of the IGRA and the NIGC regulations. 

As exhibited in- bingo manuals, catalogs, and handbooks which 

predate the IGRA, many games designate a winner of a pregame 

consolation if such player has the first designation of numbers 

called. As explained in the Bingo King Idea Book, Copyright 1979, 

while playing toward a regular predetermined pattern on the bingo 

card, the bingo manager may add the possibilities of pregame 

consolations for players "who get the first series of numbers 

covered on one card as a winner, and this pregame is for the 

players who cannot make a straight Bingo.* Bingo King Idea 

Book at 13. 
Another example is taken from the Bingo Manager's Textbook, 

Copyright 1984. This textbook describes a method that bingo 

managers can add variety and excitement to a regular bingo game. ' One such game is described as "Odd or Evenn: 

"If the first ball pulled from the machine is an even number, 

then the caller tells the players to cover all numbers ending 

in even numbers. The players then go on to play for a 3-line 

Bingo or a coverall. 

See Bingo Manager's Textbook at 88. 

Further, the 1996 Bingo King, Inc. catalog indicates a single 

random number @@Star1* game which can be utilized by bingo halls in 

a variety of ways to enhance the game of bingo. Bingo King, 

Inc. Catalog No. 991 at 13. There is also a description of a 

"Quick ShotM game which can potentially award a prize to the player 

who has no numbers on his card called during the regular bingo 

game. at 21: Indisputably, these.types of designations have 

been a part of the game of bingo well before the IGRA was enacted 

and continue to be utilized today. Therefore, the feature of the 

MegaMania system which awards the player $.25 if two of the three 

balls drawn matches any two numbers on a single card in play, or 

awards the player $2.50 if three of the balls drawn match any three 

numbers on a single card in play, conforms to these pregame prizes 

which are part of the game commonly known as bingo. 

For the above mentioned reasons, we conclude that the MegaMania 

system conforms with the IGRA definition of nbingo.n Therefore, 

MegaMania in a Class I1 game. Further, the EP8 utilized to link 

players and bingo halls is a technologic aid as defined in 25 

C.F.R. S 502. If you have any questions regarding this letter 

please feel free to contact our office. 

Sincerely, 

A hai is an 

~ati"oa1 Indian Gaming commission