FILE COPY 

Larry Montgomery 

President and cd0 

Multimedia Games, Inc. 

7335 S. Lewis, suite 302 

Tulsa, Oklahoma 74316 

Dear Mr. Montgomery: 

Thank you for your letter of May 4, 1995, requesting the National 

Indian ~aming Commission (NIGC) to advise Multimedia Games, Inc. on 

the legality of using 'agents to play bingo cards for players who 

are not physically present at an ~ndian bingo facility. 

Specifically, Multimedia Games, Inc. has requested the NIGC to 

determine whether the game as presented below is consistent with 

the definition of I1Bingol1 as a form of Class I1 gaming. As you 

know, the game of bingo is defined in the Indian Gaming Regulatory 

Act (IGRA). In addition, IGRA requires that all Class I1 gaming be 

conducted on Indian lands. 25 U.S.C. S27i0 (b)(l). 

The definition of llBingoll is contained within the definition of 

I1Class I1 gaming. 

(A) The term "class I1 gamingn1 means- 

(i) The game of chance, commonly known as 

bingo (whether or not electronic, computer, or other 

technological 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 

(111) In which the game is won by the 

first person covering a previously designated arrangement of numbers or designations on such cards. 

25 U.S.C. s2703 (7) (A) (i) . '. , 

As we understand the proposal, Multimedia Games, Inc. intends to 

offer home viewers the opportunity to participate in MegaBingo by 

purchasing a proxy service from agents located at partiqipating 

Indian bingo facilities. MegaBingo is a class 11 game condacted on .._ _ a daily basis with over 50 Indian tribes, linked by closed circuit 

1850 M STREET. N.W.. SUITE 250 WASHINGTON. O.C. 20030 TEL.: 202-032i7003 FAX: 202-032.7000 
telephone lines and satellite television. Agents charge the 

purchaser of the proxy service a fee for purchasing a bingo card(s) 

at the Indian bingo hall and playing that bingo card(6) on their 

behalf. The agent is not an employee of any licensed class I1 

establishment, but rather functions as an employee of Multimedia 

Games, Inc. Multimedia Games, Inc. is responsible for the payment 

of all prizes wdn by the purchaser of the proxy service. The 

agents will be located on Indian lands. Agents will then play the 

card for their principal, the purchaser. This concept is known as 

ltproxy play." "Proxy playu involves the use of computer aided 

technology to assist the agent or, ttproxy player," to track the 

bingo cards for a number of proxy play purchasers. 

MegaBingo is played and videotaped during a regularly scheduled 

class 11 bingo game at a tribal bingo hall. The game is played by 

all holders of bingo cards present in the hall including those 

holding their own cards as well as agents holding cards for those 

purchasers of the proxy service. The computers will allow agents 

to play more than one card at a time. As the numbers are called, 

the cards are appropriately marked and the first person covering 

the previously designated arrangements of the numbers is the winner 

when yells "bingo!" Play continues until there is bingo on every 

game. 

The game as described by Multimedia Games, Inc., complies with the 

statutory definitions of bingo in that 1) the game is being played 

for prizes with cards bearing numbers or other designations; 2) the 

holder of the card (i.e. the player, or proxy player) must cover a 

card bearing numbers or other designation; and 3) the game is won 

by the first person covering a previously designated arrangement of 

numbers or designations on such cards. 

A The NIGC has considered the question o+£ whether this game is 

actually. being played on Indian lands. There ie no statutory 

prohibition against the use of agents for the conduct of bingo. 

Accordingly, the acts of the agent, which occur on Indian lands, 

are deemed to be the acts of the principal. 

 heref fore,! in the' opinion of the omm mission, the conduct of the 

game described herein falls within the definition of bingo as 

defined by 25 U.S.C. S2703 (7) (A) (i) and within the definition of 

Indian lands as defined by 25 U.S.C. S2703 (4) (4) (A) (1). If 

MegaBingo is played with the parameters described above, the NIGC 

is of the opinion that the games complies with IGRA. 

I trust this addresses your concerns. 

Sincerely, -