Larry Montgomery 

President and COO 

Multimedia Games, Inc. 

7335 South Lewis, Suite 204 

Tulsa, OK 74136 

Dear Mr. Montgomery, 

This letter is in response to your inquiry as to whether the 

National Indian Gaming Commission regards the game llMegaMania,ll 

as modified, as a Class I1 or Class I11 game under the Indian 

Gaming Regulatory Act (IGRA). We have reviewed the game and 

conclude that you may play your game, as discussed below, as a 

Class I1 game. 

This opinion is based on one site visit where I observed a 

prototype of the game, a video tape which you made of that visit 

and a telefax received today, which makes a small but important 

change to the game. It is therefore based solely on my 

understanding of the game to be played as described below and 

will continue to be subject to our review and further site visits 

by our field investigators. If there are any changes made to the 

game as described or significant factors not discussed, such 

changes or differences might materially alter my opinion. 

MegaMania is generally understood to be a game whereby not less 

than twelve players, situated in one or more of several Indian 

bingo halls, each of which have Electronic Player Stations (EPS), 

which are electronically interconnected, may simultaneously play 

the same game. An EPS unit is a vertical standing structure with 

a computer, computer monitor and a bill acceptor. The player of 

MegaMania must pay the cashier as much as she chooses to have 

credited to his or her PIN number. The cashier enters the amount 

paid by the player into the computer system and gives the player 

a receipt with a PIN number to enter into the EPS. The player 

then sits in front of the EPS. This is a live game where balls 

are drawn for the bingo game with a traditional style bingo 

blower, keyed in by an operator and immediately transmitted to 

the tribal halls. 

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

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

displays up to four bingo cards. Before play is started, the 

player may change cards. To start play, the player touches each ' card or touches "select alltt to choose all four of the cards. 

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The monitor also projects images of three little ball men with 

w numbers on them which run up into the top right hand corner of 

the screen and which represent the three balls drawn. The 

corresponding numbers are daubed on each card by the player 

touching each card or touching the daub all button. Each time 

three balls are drawn, a chip up or ante up system for payment is 

used. In other words, each time three balls are drawn a certain 

amount of money is required from the PIN credit for each card 

played. If a player fails to daub the card, the card is 

automatically deleted and no more money is required to play that 

card. 

The game includes different traditional patterns and includes 

interim two, three, and four corner games played on the way to 

completion of the patterns. The amount a player wins on the 

interim games is dependent upon how many balls have been drawn. 

The monitor indicates when the player has won an interim two 

corners, three corners or four corners game. The monitor shows 

how many cards are in play and previous numbers that have been 

drawn. In addition, the monitor will indicate that a bingo has 

occurred, at what site the bingo has occurred, the serial number 

of the winning cards, and the amount won. If the player's credit 

runs out while she or he is playing, the player may simply 

continue play by placing dollar bills into the bill acceptor. A 

player cashes out by taking the original PIN number receipt back 

to the cashier. 

I,N~R~P As modified by Multimedia's July 23 telefax to me, the player 

must touch the screen, within about 8 seconds, to indicate a 

bingo to win. If a player fails to touch the screen the game 

will continue until there is a winner. In addition, the four 

corners games will also continue until there is a winner or until 

all players drop all cards. 

The game, as described above, is materially different from the 

game as previously played. In our letter of March 28, 1997, we 

indicated that there were federal concerns that certain elements 

of the MegaMania game, as then configured, could be viewed as 

Class 111. We requested that Multimedia make specific changes to 

the game, and submit the new version of the game, along with 

appropriate documentation, to the NIGC for review. We also 

requested that the company stop play of the MegaMania game as 

then configured within 14 days. 

In Multimedia's letter of April 1, the new version of MegaMania 

was submitted. The new MegaMania game was described as identical 

to the MegaMania game reviewed on July 10, 1996, with the 

exception of the following changes, which were requested in our 

letter of March 28: 
1) the numbers or objects drawn for the bingo game are 

drawn with a bingo blower instead of by an electronic 

number generator or other similar device; 

2) an act is required by the card holder, after the 

balls are drawn, to daub the cards, instead of a fully 

automatic daubing system; 

3) an act is required by the card holder to indicate a 

bingo to win, instead of a fully automatic system; and 

4) the "consolation game" is deleted from the game, and 

replaced by a "four corners" game that requires players 

to match two, three or four of four corners of the 

bingo card to win. [This latter addition of a four 

corners game was not requested in our March 28 letter.] 

We reviewed those changes and the materials submitted and 

concluded that the new version of MegaMania described in the 

letter of April 1, 1997, qualified as a Class I1 game. We 

further entered into a Memorandum of Understanding (MOU) between 

Multimedia Games and the NIGC that 1) created a timeframe for 

Multimedia Games to implement the changes to the MegaMania game, 

and 2) stated that the NIGC would not issue a Notice of 

Violation, Civil Fine or Temporary Closure Order during the 

pendency of the changes to the MegaMania game. 

q~lw( On April 30, 1997, Multimedia wrote a letter to the NIGC 

indicating one of the changes agreed to in the MOU would not be 

profitable and therefore the change would not be made. As a 

result of that letter, information received about the use of a 

bill-acceptor and our subsequent understanding that the game was 

not going to be a live bingo game, we declared the MOU to be null 

and void. Multimedia later withdrew its April 30 letter. A July 

23, 1997, letter telefaxed to me further modified the proposed 

game. 

ANALYSIS 

"IGRA established the Commission to regulate Indian gaming, and 

specifically authorized the Commission to promulgate regulations 

and guidelines necessary to implement the provisions of the Act. 

See 25 U.S.C. $§ 2704,2706(b)(10).11 Shakopee Mdewakanton Sioux 

Community v. Hope, 16 F.3d 261, 263 (8th Cir. 1994). In April 

1992, the Commission issued definition regulations. 
- Those definition regulations establish: 

Class I1 gaming means: 

(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: 

(2)Cover numbers or designations when object, 

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 cards; 

(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. $i 502.3. 

Class I11 gaming means all forms of gaming that are not 

class I gaming or class I1 gaming, including but not 

limited to: 

(b)Any slot machines as defined in 15 U.S.C. 1171 (a) (1) 

and electronic or electromechanical facsimiles of any 

game of chance . . . . 

25 C.F.R. § 502.4. 

Electronic, computer or other technologic aid means a 

device such as a computer, telephone, cable, 

television, satellite or bingo blower and that when 

used-- 

(a)Is not a game of chance but merely assists a 

player of the playing of a game: 

(b)Is readily distinguishable from the playing of 

a game of chance on an electronic or electromechanical 

facsimile; and 

(c)Is operated according to applicable Federal 

communications law. 

25 C.F.R. § 502.7. 

Electronic or electromechanical facsimile means any 

gambling device as defined in 15 U.S.C. 1171(a)(2) or 

(3). 

25 C.F.R. § 502.8. 
Games similar to bingo means any game that meets the 

*'w requirements for bingo under Sec. 502.3(a) of this part and that is not a house banking game under Sec. 502.11 

of this part. 

25 C.F.R. § 502.9. 

The term "gambling device" is defined in the Johnson Act at 

15 U.S.C. Sec. 1171(a) as: 

(1) any so-called I9slot machine" or any other machine or 

mechanical device an essential part of which is a drum or 

reel with insignia thereon, and (A) which when operated may 

deliver, as the result of the application of an element of 

chance, any money or property or (B) by the operation of 

which a person may become entitled to receive, as the result 

of the application of an element of chance, any money or 

property; or 

(2) any other machine or mechanical device (including but 

not limited to, roulette wheels and similar devices) 

designed and manufactured primarily for use in connection 

with gambling, and (A) which when operated may deliver, as 

the result of the application of chance, any money or 

property, or (B) by the operation of which a person may 

become entitled to receive, as the result of the application 

of an element of chance, any money or property; or 

(3) any subassembly or essential part intended to be used in 

connection with any such machine or mechanical device, but 

which is not attached to any such machine or mechanical 

device as a constituent part. 

GAMES SIMILAR TO BINGO 

As discussed in Shakopee Mdewakanton Sioux Community v. Hope, 798 

F.Supp. 1399 (D.Minn. 1992), aff'd 16 F.3d 261 (8th Cir. 1994), 

to be a game similar to bingo, we must determine whether the 

statutory elements of bingo are essential to the game being 

presented. In this instance, it is clear that the statutory 

elements are key to the game. 

The game clearly requires the players to use cards bearing 

numbers and requires the player to cover the numbers, by daubing 

the cards, when the three balls are drawn. Furthermore, the 

interim and final game of each play require a predesignated 

pattern. 

It was not clear during my site visit that players would "win the 

game by being the first person to cover a designated pattern." 
25 C.F.R. 5 502.3. It appeared that in both the interim and 

.,- final games that there is a potential for having no winners for 

each of the games. Your subsequent July 23 changes, however, 

assure that there will be winners for each of the predesignated 

patterns. 

Finally, a question has been raised about the ante up feature of 

your game. While I am cognizant of the similarities between such 

a feature and slot machines, this feature is not essential to the 

MegaMania game nor does it appear to impact negatively on our 

analysis of the statutory and regulatory criteria for "bingot1 or 

a game "similar to bingo." The feature is essentially similar to 

the paper card "speed bingo" or "chip up bingo" games played in 

halls where the player antes up money for each number called. 

Therefore, while not traditional bingo, the ante up aspect does 

not change the game so fundamentally that it prevents me from 

ultimately determining that this is a game similar to bingo. 

GAMBLING DEVICES UNDER 15 U.S.C. § 1171 

Specifically included within the regulatory definition of Class 

I11 is "any slot machines as defined in 15 U.S.C. 1171(a)(l) and 

electronic or electromechanical facsimiles of any game of 

chance." Facsimiles is defined as any gambling device under 15 

U.S.C. 5s 1171(a) (2) and (3). Therefore, if the game similar to 

bingo is using a gambling device, it would be transformed under 

NIGC regulations into a Class I11 game. 

'Ilwyurlf We are not prepared, at this time, to decide whether the game 

uses gambling devices. Furthermore, we believe that the 

manufacturer has made every effort to develop this game with the 

aid of technology rather than by using gambling devices. 

Therefore, we have determined that the tribes may play MegaMania 

without risk of an enforcement action by the NIGC. 

Please be advised that this legal opinion is advisory in nature 

only and that it may be superseded, reversed, revised or 

reconsidered by a subsequent General Counsel or Chairman of the 

Commission. Furthermore, if there are any changes made to the 

game as described, such changes might materially alter our 

conclusion. 

Finally, by issuing this opinion, we do not speak on behalf of 

the Department of Justice or the United States Attorneys who 

share enforcement responsibilities with the NIGC over gambling 

devices. 

Sincerely, 

- 7, 

-A- (----- .-- 

Penny J. b 

Acting General Counsel