Michael Fletcher, CEO 

NOVA Gaming, Inc. 

PO Box 51356 

Piedmont, SC 29673 

April 4,2005 

Subject: NOVA Gaming Bingo System 

Dear Mr. Fletcher: 

You requested an advisory opinion on whether the NOVA Bingo system1 (Nova System) 

game developed by NOVA Gaming, LLC (Nova) may be classified as a Class I1 gaming 

activity as that term is defined in the Indian Gaming Regulatory Act (IGRA) and in 

regulations of the National Indian Gaming Commission (NIGC). 

W Based on our review, we conclude that the Nova System qualifies as bingo, as that term is 

used in IGRA and as defined by NIGC regulations, and is a Class I1 game. The particular 

version of the game to which this opinion applies is 4.2.0.12. This opinion does not 

apply if the game is modified, if additional features are added, or if played in a manner 

different from the manner described in this opinion. The features discussed in this 

opinion, along with the manner and sequence of events in game play and the minimum 

timeframes described, are integral to our opinion. Furthermore, the NIGC is in the 

process of developing regulations further interpreting the statutory criteria of bingo. 

Consequently, when those regulations are final our views on the classification of this 

game may be revised. 

We advised NOVA that we would require the submission of a laboratory report that 

evaluates the operating system and software and confirms that the Nova System operates 

in the manner described in this opinion. On May 24,2004, we received a copy of a 

laboratory report issued by Gaming Laboratories International. This report confirmed the 

operational characteristics of the Nova System. On July 9,2004, we viewed a live game 

demonstration in our office. At that time, it came to our attention that, with respect to 

interim prizes, higher bettors had more interim patterns available to them and 

consequently more opportunity to win than lower bettors. We advised you that we would 

I The Nova Bingo System supports many different game themes with different graphics. This opinion 

covers any graphic theme NOVA wishes to use, so long as the Bingo System operates exactly as described 

in this opinion and the graphic theme has no substantive impact on game play. 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington. DC 20005 Tel- 202.632.7003 Fax: 202.632.7066 WWW.NlGC.GOV 

REGIONAL OFFICES Portland. OR; Sacramento. CA; Phoenix. AZ; St. Paul, MN; Tulsa. OK 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

'4 require that all players, regardless of buy-in level, have the same opportunity to win 

interim prizes, although the prize amounts associated with these winning patterns could 

vary depending on the buy-in level. On January 18,2005, you provided us with a 

laboratory report prepared by BMM Test Labs, which confirmed that you had made the 

required modification. On February 2,2005, we viewed a live demonstration of the 

modified game. On March 21,2005, we received information on the game signature 

from BMM Test Labs. The signature may be used to verify that the game in play in a 

gaming facility is the game considered in this classification opinion.2 On March 28, 

2005, we received a supplemental verification of the Nova Bingo System from BMM. 

This report confirmed that the Central Server verifies that there are at least two players on 

the system and then waits anywhere from 2-1 0 seconds for additional players to log in, 

based on the number of active terminals in play on the system. 

Mechanics of the Game 

The Nova System is a linked bingo system played within a gaming facility andlor among 

gaming facilities. 

System Overview 

The system consists of four functional groups: 

One Player Terminal 

One Central Server 

One Point-of-Sale Terminal 

One Management Terminal 

The Central Server is used to validate users on the Point-of-Sale and Player Terminals 

and run the Management Terminal software. All system and gaming information for the 

Point-of-Sale and Player Terminals is handled by the Central Server. It controls all 

read/write to the database, all communications to all devices, all ball calls and all data 

logging. The Management Terminal is the interface for system and game configuration, 

reporting, and user security. The Point-of-Sale Terminal is the financial interface that 

allows players to create new accounts, modify existing accounts, and cash out accounts. 

All player data is transmitted from the Point-of-Sale Terminal to the Central Server and 

stored in the database. The electronic Player Terminal is the game play interface with the 

player and is directly connected to the Central Server. 

The Nova System is a linked electronic bingo system played within a gaming facility and 

optionally linked to other gaming facilities. Players compete against one another within 

the facility and against all players in linked facilities. 

The BMM signature for the Game Central Server is 09c30005e05092044fb902645ba5ca74lceb530d. 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

Player Terminal Overview and Display Screen Description 

The game terminal will play a themed game with graphical displays. There are many 

themes, but all play on the Nova System and operate as described. Prize tables may vary 

among game themes, but all game themes utilize a common bingo pattern set. 

The display for the game screen has several parts. In the center of the screen is an 

animated reel set, much like one you would see on a video line game. The left side of the 

screen shows a box with the player's bingo card, below the card is an empty space where 

the ball call for the game will appear once the game starts. The player's bingo card is a 5 

x 5 grid, measuring 2.5" x 2.5" with the word 'BINGO' atop the columns. The 5 

columns of the bingo card are labeled B-I-N-G-0. Each column contains 5 numbers (B 

1-1 5, I 16-30, N 3 1-45, G 46-60, and 0 61 -75). The bingo card has a black background 

with white lettering in 26 point bold font. Below the card is a flash board where called 

balls are displayed. Below the flashboard is a display showing the game ending pattern, 

which is "COVERALL." In the lower right corner there is a box that displays the 

following information: Bet; Lines; Paid; and Credits representing credits bet, lines bet, 

credits paid, and credits available to play respectively. By touching this box a player can 

toggle between the number of credits and the cash value of those credits. The upper right 

corner of the display has a small graphic showing the denomination of credits for the 

game. The game can be played at various denominations. The denomination displayed is 

U that which is currently being played. However, by touching this value a player can 

choose among the denominations available to play. Along the bottom row of the screen 

there are the following buttons: HELP; BET LINE; BET MAX; BET ONE; and DAUB. 

At any time by pressing the HELP button, a player will find an explanation for all aspects 

of playing the game. On the very bottom of the screen is a game status bar that displays 

assorted game related messages. 

A player can also choose an alternate game play view. Below the flash board in which 

the ball call appears is a bar labeled "BINGO CARD VIEW." By touching the "BINGO 

CARD VIEW button players can view a larger version of their Bingo Card instead of 

the video reels. To the right of the Bingo Card is a flash board where called balls are 

displayed. Below the flashboard is a display showing the game ending pattern, which is 

"COVERALL." Beneath the ball call box appears the bar with the label "REELS 

VIEW." By touching the "REELS VIEW" bar the player can switch back to the Reels 

View. Everything else on the screen remains the same. 

When the game is not being played the video screen cycles through the game play screen, 

the pay table, and a theme specific graphic with the prompt "Insert Cash" or "Card to 

Play." 

The player can bet different lines and multiple credits per line. The winning bingo 

patterns can be viewed via the PATTERNS button in the Help menu. The winning bingo 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

+iJ patterns are categorized by number of lines bet and credits per line bet. The lines are 

highlighted in red as you choose to play them. Increasing the number of coins bet per 

line increases the possible winning prize. The player can select to bet up to nine lines and 

up to five credits per line by touching the BET MAX button. The player can instead also 

choose to bet one to nine lines using the BET LINE button and one to 5 credits per line 

using the BET ONE button. Players must bet the same number of credits for each line 

they play. The wager amount determines the payout amount, but in all cases ever player 

competes using the same interim patterns and game winning pattern and ball call. 

Progressive prizes are offered for certain patterns, and are handled as any other interim 

prize. The progressive pattern must be successfully daubed in time within the first 24 

numbers called. There are always at least two releases of numbers and no prizes can be 

awarded on the first release. In the event that multiple players cover the pattern 

associated with the progressive prize in the same game, the progressive prize is shared 

among the winning players. 

Game Play on Player Terminals 

The player(s) open a new account at the Point-of-Sale terminal where the player is issued 

a card or at the game terminal when a player inserts money into the terminal. If done at 

the Point-of-Sale terminal, the cashier enters the player's name for the new account. The 

player then enters hisher choice of PIN (4-8 digits in length) on the keypad and confirms 

W the PIN by entering it a second time. The player gives the cashier the amount desired to 

be deposited into hisher account. The cashier enters this sum into the Point-of-Sale. A 

player club card is then printed by the card printer and given to the player. 

If the player is using a player's card, the player inserts the card into the game terminal 

and inputs hisher pin. Once a player has logged in, their account balance will be 

displayed on the terminal. The player card is used for identification only; no money is 

actually transferred to the card. If a player adds cash to the Player Terminal after having 

inserted hisher card, credits will be added to the player's account. 

In the "Nova Gaming System," games are played in groups called sessions, which is 

considered to be any bingo game played using the same ordered pool of bingo numbers. 

All players enrolled in a common session will be competing for the intermediate winning 

prizes and game-ending patterns. 

3 One specific issue discussed with NOVA Gaming representatives is the value of the prize awarded to the 

game-winning player. The pay tables as currently constructed provide a minimum prize to the first player 

covering the game winning pattern that is substantially less than the amount wagered by that player. The 

NIGC is currently developing classification and technical standards for Class I1 bingo played through 

electronic medium that may affect this aspect. The current working draft for the classification standards 

specifies a minimum prize of 20% of the amount wagered by the game-winning player. NOVA Gaming 

representatives understand that a change to the game may be required if the Commission adopts the 

classification standards with this provision. 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4, 2005 

'*rf 

The game status bar prompts the player to "PLACE YOUR BET. HIT DAUB TO 

PLAY." Bingo cards are electronically stored in the Central Server and distributed to the 

players on demand. By touching the Bingo Card, the player can change the card with 

which they will play the game. The player then chooses to bet one to nine lines and one 

to five credits per line. 

After the player has selected the number of lines, number of credits per line and a Bingo 

Card to play, the player touches the DAUB or PLAY button. The server verifies that 

there are at least two players on the system for play to begin and that a player has enough 

credits in their account to cover the wager. An adaptive algorithm is used to allow more 

time for additional players to join based on the number of active game terminals. If there 

is only one player, the game status bar displays "WAITING FOR MORE PLAYERS. 

CURRENT WAGER IS.. ." The game will let 30 seconds transpire before the game will 

abort with the message, "GAME ABORTED -NOT ENOUGH PLAYERS - TRY 

AGAIN." appearing in the status bar. The player's account is not debited until the player 

has successfully joined a game. 

When the Central Server has determined a new game can begin, it starts drawing balls for 

the game. There are always at least two releases of numbers and no prizes can be 

awarded on the first release. In some cases the player may cover more than one interim 

bingo pattern, and will be awarded the highest paying pattern only. If the player covers 

1 an interim pattern and the game winning pattern, they will be paid for both the game 

winning pattern and the highest paying interim pattern. 

Once a new game begins, the Central Server draws the first set of numbers (Release #I) 

which consists of 2 balls. At the same time the video reels on the Player Terminal screen 

begin to spin. The smallest interim pattern is a 3 spot pattern, thus there can be no 

winners within the first release. Numbers are drawn from a set of 75 numbers (1 -75). 

The Central Server's random number generator determines the numbers. The numbers in 

the first release are determined when the game begins and are transmitted in real time 

from the Central Server to all Game Terminals that have joined into that game and are 

displayed on the flash board of each Game Terminal in the order that the balls were 

drawn. 

Once the balls have been displayed to the player, all players have the opportunity to daub 

the numbers within a predetermined period of time. The time period is programmable 

from between 3 and 60 seconds. A typical setting is 10 seconds. The player is prompted 

to daub and must touch the screen or a mechanical button on the Game Terminal. 

If the player daubs in time, the daubed numbers are marked in red on their bingo card. If 

the player sleeps the release (by not daubing within the allotted time), the numbers are 

marked in dark gray. Only numbers successfully daubed are eligible for completing any 

pattern (interim or game winning). While the player still has the opportunity to daub 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

-w numbers in subsequent releases, slhe cannot win any prizes that may have been awarded 

for patterns covered in a slept release. 

After the first daub (or sleep), the Central Server draws the next set of numbers (Release 

#2) which consists of exactly the number of balls required for the first potential player to 

achieve the game winning pattern. The numbers in this release are determined in real 

time and transmitted from the Central Server to all Game Terminals that have joined into 

that game and are displayed on the flash board of each Game Terminal in the order that 

the balls were drawn. No additional balls are called unless the game winning player 

sleeps the bingo. The minimum number of balls in the second release is 23 because the 

first release is 2 balls and it takes 25 to achieve the coverall bingo game winning pattern. 

The maximum number in the second release is 73 (this would only occur if there were 

multiple players all waiting on the 73" ball to coverall). 

Once again the player will be required to daub (claim) by touching the screen or pressing 

a mechanical button within the allotted time (3 - 60 seconds, typically 10 seconds). If the 

player daubs in time, the previously released numbers are daubed in red on their bingo 

card. Just as in the first daub, if the player sleeps the release, the numbers are marked in 

dark grey and only numbers successfully daubed are eligible for completing any pattern 

(interim or game winning). In the event that any player sleeps any bingo, the game will 

notify the player of the slept bingo and prize that was forfeited. 

W If the player with the potential game winning pattern daubs the numbers within the time 

allotted, the game will be declared over, and the player will be awarded the game ending 

pattern prize plus any interim prizes (based on the first 24 balls called.) 

During the ball call (from initial release to final claiming daub), the alternate graphics 

display will be in motion and not displaying any results. Only after the game has been 

declared over will the animation stop and the bingo pattern result be displayed on the 

alternate graphics or bonus round alternate graphics. 

All players, regardless of patterns achieved must daub to claim prizes (even if they don't 

have any winning patterns). If the first potential game winner fails to daub in time, 

additional balls will be released until the second potential winner has the game winning 

pattern. Again, all players must daub. Balls are marked as above (Red = daubed in time, 

dark Gray = slept, Green = interim prizes), and the game continues in this fashion until 

there is only one possible winner remaining. The last potential winner MUST daub and 

has an indefinite period of time to daub. Any previous potential winner that sleeps the 

game winning pattern is released from the game and may join another game. 

After the game is over, the highest winning pattern from the first 24 balls called is 

highlighted in green. The video reels stop spinning in symbol patterns matched to reflect 

the winning intermediate patterns matched on the bingo card. Every time the bingo card 

does not yield a winning pattern, the reels on the screen will spin to a non-winning 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

~rul combination. If the bingo card does display a winning pattern, a specific winning 

combination will be displayed on the reels. The status bar alerts the player if slhe has 

won bingo, and if so displays the monetary prizes won. Finally the results of the game 

are transmitted to the Central Server. The player is then prompted once again to place 

their bet and hit 'PLAY' to play. 

If a player has won the game-ending pattern, which is COVERALL prize, she must daub 

their card in the allotted time or the player will forfeit the COVERALL prize. 

When a player decides to stop playing, they must cash out. If a player inserted cash at the 

start of play, then the player presses the cash out button, a ticket is printed and dropped 

into the tray. The player then takes this ticket to the Point-of-Sale terminal where the 

cashier either enters the ticket number manually or scans the bar code on the ticket. The 

cashier then gives the player the appropriate amount of money. Once this ticket is cashed 

out it is invalid and future attempts to cash out the ticket will cause the following 

message: "Cash Out Ticket Failed: Ticket has already been cashed out." If a player 

inserted a player's card for play, the player simply removes the card to end their session. 

The player may then take their card to the Point-of-Sale terminal to cash out or deposit 

money. Also they may simply keep their cards with remaining funds for future use. 

Cards remain active even if there isn't any credit remaining. 

Payout and Video Display Information 

w 

Game Play is as described above. Once the game is declared to be over, the system 

evaluates the numbers marked on the player's card and compares these to the list of 

common patterns that are played for regardless of game theme or wager. This common 

pattern list is sorted from highest paying to lowest paying. The common pattern set is 

stored in the pattern table of the Central Server database. The Central Server begins at 

the top of the list and sees if the player achieved the given pattern. If a pattern match 

occurs, then the player will win the associated credit amount and the Central Server exits 

the pattern match routines. If a match does not occur, then the Central Server advances to 

the next pattern in the list and attempts a pattern match. This processing continues until 

the Central Server finds a pattern match or the end of the pattern list is reached. 

Applicable Law 

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

defines class I1 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, 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

(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, 

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. 8 2703(7)(A). Games that are not within the definition of class I1 games are 

class 111. See 25 U.S.C. 3 2703(8). 

NIGC 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; 

(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. 9 502.3. 

IGRA provides that class I1 games may utilize "electronic, computer or other technologic 

aids." 25 U.S.C. 5 2703(7). NIGC 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. 9 502.7(a). 

In short, if a game contains the fundamental characteristics of a class I1 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 11, or whether the electronic device is a facsimile of a game, in 

which case the game is class 111. A game's classification matters in that, under IGRA, 

class I11 games may be played only pursuant to a tribal-state compact. See 25 U.S.C. 

§ 27 1 1 )(C). 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

Analysis 

The requirements for class I1 gaming are established by the IGRA. The game of bingo 

enjoys a favored status. While at its heart the bingo is a lottery, IGRA places the game 

squarely in class I1 and provides further that the game may be played with computer, 

electronic or other technologic aids. 25 U.S.C. 5 2703(7)(A). 

The United States Court of Appeals for the Ninth Circuit examined the IGRA 

requirements for bingo in its consideration of an electronic bingo game known as 

"MegaMania." U.S. v. 103 Gambling Devices, 223 F. 3d 1091 (9Ih Cir, 2000). A similar 

case in the Tenth Circuit, US. v. 162 Gambling Devices, 231 F.3d 713 (loth Cir. 2000) 

also evaluated "MegaMania" under the relevant IGRA provisions. Both courts concluded 

that the MegaMania game could be offered as a Class I1 gaming activity, the Ninth 

Circuit holding "IGRA's three explicit criteria.. .constitute the sole legal requirements for 

a game to count as class I1 bingo." 103 Electronic Gambling Devices, 223 F.3d at 1096 

(emphasis in original).4 It is against the backdrop of IGRA, NIGC regulations, and these 

cases that we must evaluate the Nova Bingo System game. 

A. Statutory Criteria for Bingo 

1. Cards Bearing Numbers 

The first statutory criterion for bingo is that the game be played for prizes "with cards 

bearing numbers or other designations." 25 U.S.C. 2703(7)(A)(i)(I). 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 (10' Cir. 2000) ruled that a game, 

Megamania, was class I1 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 I1 status of Megamania, observing that the game consisted of "electronic game 

-- - 

4~n the Ninth Circuit, MegaMania was found to be the game of bingo. See 103 Electronic Gambling 

Devices, 223 F.3d at 1102. However, in the Tenth Circuit, the Court did not reach that specific conclusion. 

"Having determined MegaMania is a Class I1 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, 23 1 F.3d at 725, fn 10. Games similar to bingo may be class 11 only if 

played in locations where bingo games are played. 25 U.S.C. $2703(a)(A)(i). With a recent change, 

"games similar to bingo" are now defined by Commission regulation as "any game played in the same 

location as bingo (as defined in 25 U.S.C. 2703(7)(A)(i)) constituting a variant on the game of bingo, 

provided such game is not house banked and permits players to compete against each other for a common 

prize or prizes." 25 C.F.R. tj 502.8. 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

'lu*rf 'cards."' US. v. 103 Electronic Gambling Devices, 223 F. 3d 1091, 1093 (loth 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 I1 games under 25 C.F.R. 5502.3(a). 

It can thus be said that the Nova System is played with cards in that the game is played 

with electronic bingo cards. These are bona fide cards in that they are readily visible, 

with dimensions of 2.5 inches by 2.5 inches, have high color contrast among the screen, 

the grid, and numbers within the grid, and are in an easy-to-read 26-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 the Nova System 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 the Nova System 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. 

- 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. 

5 2703(7)(A)(i)(II). The Nova Bingo System 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 (10~ 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.. . . 

The Nova System meets the requirement that a player cover when objects are drawn in 

that numbers are not stored on the game's computer. Instead, numbers are released 

sequentially and displayed in the order released and players all have the same opportunity 

to cover (or daub) immediately upon release of drawn balls. Players purchase their cards 

before numbers are generated. Once numbers are generated, players are cued to daub 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

wd 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. 5 2703(7)(A)(i)(III). The Nova System meets this criterion because the first 

person who covers the pre-designated interim pattern wins the prize associated with that 

pattern, and the person who first daubs the game-ending pattern wins the prize given for 

ending the game. 

The Nova System 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, a totally 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 The 

Nova System because, after initiating play, players cover their numbers by hitting the 

daub button on the game's hardware after each release. 

1 We can conclude that The Nova System meets the third statutory criterion also because 

the game requires there to be at least two releases of numbers before a winning gameending 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.6 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. US. v. 103 

Electronic Gambling Devices, 223 F.3d 1091 (9th Cir. 2000); US. v. 162 MegaMania 

5 An automatic daub in the context of this type of game would not qualify as an aid as it would play the 

game for the player rather than assist the player. 

This 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 111 facsimiles of a game, in which players 

play against a machine, and class I1 bingo aids, in which players play against each other. 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

,,,d Gambling Devices, 231 F. 3d 713 (10th Cir. 2000). 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. 

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 to reach the first pattern. 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 on the first ball draw must be some number 

less than the number of balls required for a player to achieve the win, that is, the gameending 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. See 25 U.S.C. 2703(7)(A)(i). We are wholly cognizant of 

W 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 I1 and class I11 games are being blurred by 

technological advances that Congress could not have foreseen abd 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 I1 from class I11 

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

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

governmental interests in the conduct of class I11 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. 

7 The Ninth Circuit specifically found that MegaMania was bingo. The Tenth Circuit was not so specific: 

"Having determined MegaMania is a Class I1 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 hture resolution." I62 

MegaMania Gambling Devices, 23 1 F.3d at 725, n. 10. 

8 The NIGC is in the process of developing regulations to better explain the definitional differences 

between class I1 and class 111 gaming aids and devices. 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

The requirement that the first person to cover wins is also met by the Nova System's 

provision that allows the game to continue if a player sleeps his game-winning bingo. 

Similarly, if a player fails to daub when he or she has one of the other pre-designated 

patterns that yield interim prizes, that player will forfeit the prize. 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 the 

Nova System, if the winning player fails to daub the game-winning pattern, the player 

forfeits his prize and the game continues, with more numbers being revealed, until a 

player does cover the pre-designated game-winning pattern. 

B. Electronic Aid v. Facsimile 

In addition to meeting the requirements for bingo, a game can be class I1 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: 

(1) 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 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. 

NIGC 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, the electronic or 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

electromechanical format broadens participation by allowing multiple 

players to play with or against each other rather than with or against a 

machine. 

25 C.F.R. $502.8. The electronic characteristics of the Nova System fall into the 

category of electronic aid. 

First the Player Terminals 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. Two, games may be linked through the central system, enabling 

players from different gaming operations or different reservations to compete against 

each other. The game may be played with as few as two (2) players. As noted in the 

game description, above, the system waits anywhere from 2-10 seconds for additional 

players to log in, based on a mathematical algorithm that varies the enrollment period 

based on the number of active terminals in play on the system. With fewer terminals 

active, the algorithm lengthens the enrollment period to accommodate more players and 

thus broaden the participation.9 These characteristics meet the definition of electronic 

aid, in that they "broaden the participation levels in a common game7'-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)(l), (2), (3). 

We note that, as previously configured, higher bettors had more available interim patterns 

and thus more potential opportunity to win. Since players were not competing for the 

same patterns they were not playing the same game. Consequently, we required that 

Nova revise the Nova System such that all players, regardless of buy-in level, play for 

the same interim (as well as game-ending) patterns. (Prizes, however, may be awarded 

based on buy-in level.) Nova made the changes, as previously discussed. 

In addition, participation among players, rather than against the machine, is encouraged 

by the successive ball releases and daubing requirements. By requiring players to 

participate and actually play the game, rather than simply start the game and complete it 

in one ball release, the Nova System broadens participation as well as requiring the 

player to play against other participants rather than just against the machine. 

In short, the Nova System is not a facsimile. It may therefore be classified as class 11. 

Conclusion 

Based on our review, we conclude that the Nova Bingo System qualifies as bingo, as that 

term is used in IGRA and as defined by NIGC regulations, and is a Class I1 game. The 

particular version of the game to which this opinion applies is 4.2.0.12. This opinion 

9 A specific description of the algorithm is not included in this opinion because it is considered confidential 

proprietary information. 
Michael Fletcher 

NOVA Bingo System Advisory Classification Opinion 

April 4,2005 

%.rr does not apply if the game is modified, if additional features are added, or if played in a 

manner different from the manner described in this opinion. The features discussed in 

this opinion, along with the manner and sequence of events in game play and the 

minimum timeframes described, are integral to our opinion. Furthermore, the NIGC is in 

the process of developing regulations further interpreting the statutory criteria of bingo. 

Consequently, when those regulations are final our views on the classification of this 

game may be revised. 

Please address any questions about this opinion to the undersigned or to Maria Getoff in 

the NIGC Office of General Counsel. 

Sincerely, 

Penny J. Coleman 

Acting General Counsel 

cc: NIGC Region Chiefs for distribution to tribes 

Geoffrey Standing Bear, Esq. 

7 15 Kihekah 

P.O. Box 1049 

Pawhuska, OK 74056