Mr. Frank Banyai 

President 

Jester Games International 

2688 South Rainbow Blvd. Suite D 

Las Vegas, NV 89102 

Dear Mr. Banyai, 

Thank you for your letter of June 10, 1996, on behalf of Jester 

Games International, requesting an advisory opinion on whether 

llWild Ball Bingo1' is a class I1 or class I11 game under the Indian 

Gaming Regulatory Act (IGRA). For the reasons outlined below, we 

conclude that llWild Ball Bingot1 is a game similar to bingo and thus 

qualifies as a class I1 game. 

Description 

"Wild Ball Bingot1 is played on a table approximately 16 feet in 

length and five feet in width. Sixteen player stations are marked 

on a felt table cover, and each station contains three blank 

squares that represent the player's card. The table layout also 

has two sets of circles above each player's card for buy-ins and 

commissions. The three buy-in circles indicate the buy-in fee for 

the game in which the player chooses to participate. The first 

(1 I buy-in circle is mandatory, the second and third buy-in circles are 

optional. The buy-in fees are set at various increments by the 

operator, for example, $1, $3, and $5. The second set of three 

circles establish the commission fee which the player pays to the 

operator in order to play the game at the selected level. The 

commission fee ranges from .25 cents to .75 cents. 

Before play begins, a player selects three number plaques from a 

box of plaques numbered "1" through "29" and places them on his or 

her card. The player thus constructs a card for each game. The 

player then must pay the lowest level of buy-in (e.g., the $1 level 

in a $1-$3-$5 game) and places a dollar on that circle, usually 

with a token of that value. The player also places a corresponding 

commission on the first commission circle. If the player desires 

to participate in levels 2 or 3 (i.e., the $3 or $5 level game), 

the player places similar amounts and corresponding commissions on 

those circles. Play cannot begin until there are at least two 

players. 

When all buy-ins have been made, a bingo blower or a similar device 

for selecting numbers containing 30 numbers is activated. One of 

the balls is designated as the "Wild Ball." When a ball is 

selected, the caller specifies the numbers, and the players, using 

plastic discs provided for such purposes, cover the corresponding 

number on their card. If the "Wild Ballw is selected, the players 

@lky-. " 

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144i L STREET, N W 9TH - FLOOR --- --- WASHINGTON, - D C 20005 TEL- 202 632-7003 FAX 202 632-7066 - . - 
may cover any number on their card. 

1 

The first player to cover all three numbers on their card and 

declare "bingo1' is the winner. Winnere are paid from other buy-ins 

only. When a winner calls llbingow, play stops, and the bingo is 

verified by the operator. If the player has only covered the first 

buy-in level, the player only collects the first level buy-in from 

the other players. If the player has covered the first two levels, 

the player collects the first two level buy-ins from the other 

players who have participated at that level. If the player has 

participated in all three buy-in levels, the player receives all 

three buy-in amounts from each of the other players. If two or 

more players cover all three numbers at the same time, the prize is 

split between the winning players at that level. If players remain 

at the second or third level buy-ins, play resumes until a new 

bingo is called by one of the remaining players. The same process 

is then repeated, matching the winnersf buy-in levels with those 

remaining on the table. If a level still remains to be collected, 

play resumes until that bingo is called, unless only one player 

remains, in which case that level is nullified and a new game 

commences. 

A jackpot feature can be added to the game which allows a jackpot 

to build from amounts placed on a special jackpot circle located by 

each player station. Those player who choose to participate in the 

jackpot are entitled to play for two jackpot bingo prizes. The 

super jackpot is won by the first player to cover all three numbers 

in the exact sequence within the first three numbers drawn. A 

111 -t consolation jackpot is won by the first player to cover all three 

numbers in any sequence within the first three numbers drawn. 

Analysis 

The IGRA defines bingo games as follows: 

The term llclass I1 gaming" means- 

(i) the game of chance commonly know as 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 draw, 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, 

including (if played in the same location) 

pull-tabs, lotto, punch boards, tip jars, 

instant bingo, and other games similar to 

bingo. . . 11 

25 U.S.C. § 2703 (7) (A). 

The term "games similar to bingov1 is defined by the NIGC as any 

game that meet the requirements for bingo set forth above and is 

not a house banking game. See 25 C.F.R. § 502.9. The term llhouse 

banking game1! is defined by the NIGC as #'any game of chance that is 

played with the house as a participant in the game, where the house 

takes on all players, collects from all losers, and pays all 

winners, and the house can win." 25 C.F.R. 5 502.11. 

"Wild Ball Bingot1 is played for prizes (the buy-in amounts paid by 

other players of the game) with cards bearing numbers or 

designations, in which the holder of the card covers the required 

three numbers and wins the game by being the first player to do so. 

"Wild Ball Bingov1 is not a house banking game because the house has 

nothing at risk in any game, nor does it take on all players. All 

players pay the operator the same fee to play, with players playing 

only against each other. All prizes come from other players, not 

the house. 

,J The fact that the game is played with fewer people than are usually 

associated with the traditional game of bingo and is played around 

a table does not disqualify "Wild Ball Bingot1 as a class I1 game. 

Bingo-typo game@ in which the houmr domignatre a pattmrn different 

from traditional or classic bingo fall within the definition of 

games similar to bingo if such games meet the three criteria for 

bingo and are not house banking games. 

With respect to the use of the jackpot in connection with llWild 

Ball Bingolf, the progressive jackpot is to be funded by the 

players of the game. The source of funds for the jackpot is the 

l1JackpotU buy-ins that each player makes at their option. In order 

to provide incentive to make this buy-in, the operator will 

initially lvseedll the jackpot. However, this initial seed will 

ultimately be returned to the operator from the lladrninistrati~e~~ 

portion of the buy-in. Thus, the jackpot is funded totally by the 

players. 

At the end of each shift, day, or playing period, jackpot 

collections will be totaled. It is recommended by Jester Games 

International that sixty-five percent (65%) of the total collected 

will be directly applied to the progressive jackpot when play 

resumes on the game(s) for the next period of play. For games that 

are in constant operation, the progressive increase will be posted 
at the beginning of each shift of operation. 

.*c' 

The remaining thirty-f ive percent (35%) of the jackpot buy-ins will 

be designated as the ttadministrative~ portion and is reserved to 

repay the operator for the initial seed of the jackpot and to 

provide the base for future jackpots. After discussions with you 

concerning the wadministrativeu portion of the jackpot, you 

clarified that the administrative portion is never retained by the 

operator as profit; it is only used to repay the operator for 

tlseedingtl the jackpot and for future jackpots. 

The NIGC has specifically recognized that such prizes and games do 

not alter the game's classification from class I1 to class 111. In 

the preamble to the final definition regulations, the NIGC stated: 

Several commentors suggested that the commission had 

erroneously excluded [from the definition of bingo] 

guaranteed bingo prizes, progressive cover-all prizes, 

and jackpot bingo. from class 11. By eliminating the 

concept of the house as stakeholder as discussed in the 

preamble to the proposed rule, the Commission has 

clarified that binqo qames with quaranteed binqo prizes, 

proqressive prizes, and jackpot binqo are Class I1 binqo 

qames. 

57 Fed. Reg. 12,387 (April 9, 1992) (emphasis added). The NIGC 

further stated: 

The Commission believes that Congressr intent 

was to include jackpot or progressive bingo in 

class I1 as long as: (1) there is eventually a 

winner (in other words, the house never takes 

a jackpot), and (2) in each game there is at 

least a winner of a consolation prize. 

- Id. at 12,382. According to the rules for "Wild Ball Bingolf, the 

jackpot is always won by a player, not the house, and in each game 

in which a jackpot is offered, there is always a winner of a 

consolation prize. 

For the above mentioned reasons, "wild Ball Bingot1 , as described 

in this letter, is a game similar to bingo within the meaning of 

the IGRA and NIGC regulations and therefore qualifies as a class I1 

game. If you have any questions regarding this letter, please feel 

free to contact our office. 

Sincerely, 

Michael D. Cox / - 

General Counsel