MAR 1 6 19% 

Mr. Marcel Guillemette 

Marketing Division 

D.E.Q. Casinos, Ltd. 

1840 I'ere Rue 

Suite 101-103 

St. Romuald 

Quebec, Canada G6W 5M6 

Dear Mr. Guillemette: 

I respond to your letter of December 3 1, 1998, in which you request information about the 

procedures to be followed in obtaining approval to market the "Promo Extra Match Bonus Series 

System" in tribal casinos. Your recent letter supersedes a prior request for our review of an 

earlier version of the "Promo Extra Match Game." 

Gambling on Indian lands in the United States is subject to regulation under the Indian 

Gaming Regulatory Act, 25 U.S.C. 5 2701, et. secl. The Act establishes the National Indian 

Gaming Commission which has authority to issue regulations in hrtherance of the Act. 

I,me# Regulations issued by the Commission are found at 25 C.F.R. 5 501, et. sey. The full text of the 

Act and the regulations may be viewed at the Commission's Web site (http//:www.nigc.gov). 

The Act and regulatory scheme establish three broad types of gaming. Class I games are 

social games or traditional forms of Indian gaming engaged in during or in connection with tribal 

celebrations. Class I1 and Class 111 represent games which enjoy broad public play. Class I1 

gaming means bingo and, if played in the same location, pull-tabs, lotto, punch boards, tip jars, 

instant bingo, and other games similar to bingo. Class I1 gaming also includes card games which 

are either expressly permitted in the state or are not explicitly prohibited by the laws of the state, 

are played at any location within the state, and are played in conformity with the laws and 

regulations of the state, if any, regarding hours for the gaming facility and pot-size limitation. If a 

particular game cannot come within the definition of Class I or Class 11, then the game is 

considered to be Class 111. See generally 25 U.S.C. 5 2703. 

The gaming series that you describe envisions the random selection by electronic 

equipment of a number or color; a prize is awarded to an individual participating in the match 

game who holds that number or color. The game is essentially a lottery played on a small scale. 

The position of the player at the gaming table, the cards dealt to the player, or the players's 

selection of a number or color to be matched determine the winner, depending on which game 

from the series is played. To be eligible a player must be a participant in another game of chance 

then ongoing at the table. In the simplest promotional form, mere participation in the ongoing 

II~ ' game qualifies the player for the secondary match game, a person not participating in the basic 

game would not be considered eligible for the match game In the advanced series, the player in 

1441 L STREET, N.W. 9lH FLOOR WASHINGTON, D.C. 20005 EL.: 202-632-7003 FAX: 202-632-7066 
the match game affirmatively offers an entry payment for the match game in addition to the entry 

payment required for the basic game. In all games described in the series, the elements of 

consideration, chance, and prize are present. 

Because the games played in the "Promo Extra Match Bonus Series" do not fall within the 

definition of Class I or Class I1 games, they are Class 111 games. 

Under the Indian Gaming Regulation Act, Class I11 gaming is lafil on Indian lands only 

if it is authorized by an ordinance or resolution properly enacted by the governing body of a tribe 

and approved by the Chairman, NIGC, is located in a state that permits such gaming, and is 

conducted in conformance with a valid Tribal-State compact. 25 U.S.C. 5 27 10(d). Presently, 

twenty-one (21) states have agreed to compacts with one or more tribes operating casinos within 

those states. They are: Arizona, Colorado, Connecticut, Iowa, Idaho, Kansas, Louisiana, 

Michigan, Minnesota, Michigan, Montana, North Carolina, North Dakota, New Mexico, Nevada, 

New York, Oregon, South Dakota, Washington, Wisconsin, and Wyoming. 

An effective marketing approach for the "Promo Extra Match Series" would appear to be 

one that is limited to tribes or to individual tribal casinos which operate under a valid state 

compact permitting Class 111 gaming and which play the type of games to which the match game 

would be adaptable. These compact agreements often contain specific provisions concerning the 

games which are authorized. Not every compact authorizes card games or roulette; some permit 

""UYYVII only video games or slot machines. Depending on the wording of the compact in effect, a tribal 

gaming operation wishing to utilize the "Promo Extra Match Bonus Series" may be required to 

negotiate that matter with state gaming authorities 

Assuming the existence of a valid tribal-state compact which recognizes play of the game 

in the particular tribal casino, the National Indian Gaming Commission would not, as a general 

matter, have objection to use of the "Promo Extra Match Bonus Series" in that tribal casino. 

If you have questions please contact Bill Grant from our staff at (202) 632-7003 

Sincerely, 

w 

Barry W. Brandon 

General Counsel