Section 1976 - Unlimited Sweepstakes(a) The Unlimited Sweepstakes pari-mutuel pool is not a parlay and has no connection with or relation to any other pari-mutuel pool conducted by the association, nor to any win, place and show pool shown on the totalizator, nor to the rules governing the distribution of such other pools.(b) An Unlimited Sweepstakes pari-mutuel ticket shall be evidence of a binding contract between the holder of the ticket and the association and the said ticket shall constitute an acceptance of the Unlimited Sweepstakes provisions and rules contained in article 18.(c) An Unlimited Sweepstakes may be given a distinctive name by the association conducting the meeting, subject to approval of the Board.(d) The Unlimited Sweepstakes pari-mutuel pool consists of amounts contributed for a selection for win only in each of nine races designated by the association with the approval of the Board. Each person purchasing an Unlimited Sweepstakes ticket shall designate the winning horse in each of the nine races comprising the Unlimited Sweepstakes.(e) The Unlimited Sweepstakes pari-mutuel pool shall be calculated as follows: (1) One hundred percent (100%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate the official winner in each of the nine races comprising the Unlimited Sweepstakes.(2) In the event there is no pari-mutuel ticket properly issued which correctly designates the official winner in each of the nine races comprising the Unlimited Sweepstakes, twenty-five percent (25%) of the net amount in the pari-mutuel pool shall be distributed among the holders of pari-mutuel tickets which correctly designate the most official winners, but less than nine, in each of the nine races comprising the Unlimited Sweepstakes, and the remaining seventy-five percent (75%) of the net amount in the pari-mutuel pool shall not be distributed as provided above but shall be retained by the association as distributable amounts and shall be carried over and included in the Unlimited Sweepstakes pari-mutuel pool for the next succeeding racing date as an additional net amount to be distributed as provided in subsection (e)(1).(f)(1) Except as provided in subsection (j) and subsection (l), should no distribution be made pursuant to subsections (e)(1), then the distributable pool and all monies accumulated therein shall be carried over until that amount equals or exceeds five million dollars ($5,000,000) or such lesser amount as the racing association designates to the Board at the time it files its license application with the Board.(2) Once the pool and all monies accumulated therein equals or exceeds five million dollars, or such lesser amount designated by the racing association pursuant to subsection (f)(1), that amount shall be distributed on the next racing day as provided in subsection (e)(1); but if no holder of pari-mutuel tickets correctly designates the official winner in each of the nine races comprising the Unlimited Sweepstakes, then seventy-five percent (75%) of the pool shall be distributed among the holders of pari-mutuel tickets which correctly designate the most official winners, but less than nine, in each of the nine races comprising the Unlimited Sweepstakes. The remaining twenty-five percent (25%) of the pool shall be distributed to those holders of pari-mutuel tickets which correctly designate the next greatest number of official winners.(g) In the event an Unlimited Sweepstakes ticket includes a selection in any one or more of the races comprising the Unlimited Sweepstakes that is scratched, excused or determined by the stewards to be a nonstarter in the race, or if in a race comprising the Unlimited Sweepstakes any selection is designated to run for purse only in accordance with Rule 1974 of this article, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start of the race, will be substituted for the nonstarting or the designated selection for all purposes, including pool calculations and payouts.(h) In the event of a dead heat for win between two or more horses in any Unlimited Sweepstakes race, all such horses in the dead heat for win shall be considered as winning horses in the race for the purpose of calculating the pool.(i)(1) In the event that all nine races comprising the Unlimited Sweepstakes are cancelled or declared as no contest, all pari-mutuel tickets held on the Unlimited Sweepstakes for that day or night shall be refunded and the Unlimited Sweepstakes shall be cancelled in its entirety for that day or night and any retained distributable amounts carried over from any prior Unlimited Sweepstakes pool pursuant to subsection (e)(2) shall be carried over to the next succeeding racing date of that meeting.(2) In the event that fewer than nine, but no more than three, races comprising the Unlimited Sweepstakes are completed due to the cancellation of one or more races or the stewards declaring one or more races as no contest, the pool for that racing day shall be refunded and the Unlimited Sweepstakes shall be cancelled in its entirety as provided in subsection (i)(1).(3) In the event that fewer than nine, but no fewer than four, races comprising the Unlimited Sweepstakes are completed due to the cancellation of one or more races or the stewards declaring one or more races as no contest, one hundred percent (100%) of the net amount in the pari-mutuel pool for that day or night, exclusive of any retained distributable amounts carried over from any prior Unlimited Sweepstakes pool pursuant to subsection (e)(2), shall be subject to distribution among holders of pari-mutuel tickets which correctly designate the most winners in the completed races of the Unlimited Sweepstakes. The retained distributable amounts carried over from any prior Unlimited Sweepstakes pool pursuant to subsection (e)(2) shall be carried over to the next succeeding racing date of that meeting.(j)(1) Should no distribution be made pursuant to subsection (e)(1) on the last day of the association's race meeting, then the distributable pool and all monies accumulated therein shall be distributed on that day. Seventy-five percent (75%) of the pool shall be distributed among holders of pari-mutuel tickets which correctly designate the most official winners, but less than nine, in each of the nine races comprising the Unlimited Sweepstakes. The remaining twenty-five percent (25%) of the pool shall be distributed to those holders of pari-mutuel tickets which correctly designate the next greatest number of official winners.(2) In the event that an association is unable to distribute the retained distributable amount carried over from any prior Unlimited Sweepstakes pool established pursuant to subsection (e)(2) by the end of its race meeting due to cancellation of the final day(s) or night(s) of racing or any other reason, the retained distributable amount shall be carried forward to the next race meeting having an Unlimited Sweepstakes at the same location and of the same breed of horse as the racing association that generated the retained distributable amount. The retained distributable amount shall be included in the Unlimited Sweepstakes pool for the first day or night of racing at the subsequent race meeting.(k) No pari-mutuel ticket for the Unlimited Sweepstakes pool shall be sold, exchanged or cancelled after the time of the closing of wagering in the first of the nine races comprising the Unlimited Sweepstakes, except for such refunds on Unlimited Sweepstakes tickets as required by this regulation, and no person shall disclose the number of tickets sold in the Unlimited Sweepstakes pool or the number or amount of tickets selecting winners of Unlimited Sweepstakes races until such time as the stewards have determined the last race comprising the Unlimited Sweepstakes each day to be official.(l) The racing association may, at its election, designate to the Board, at the time it files its license application with the Board, one or more racing days (nights) during its racing meeting on which the retained distributable amount carried over from any prior Unlimited Sweepstakes pool established pursuant to subsection (e)(2), shall be distributed as provided in subsection (f)(2), even though the retained amount is less than the amount specified in or designated by the racing association pursuant to subsection (f)(1).Cal. Code Regs. Tit. 4, § 1976
1. New section filed 10-2-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 40).
2. Amendment filed 5-16-88; operative 6-15-88 (Register 88, No. 21).
3. Change without regulatory effect amending subsections (a) and (h) filed 12-23-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 52).
4. Amendment filed 7-12-2011; operative 8-11-2011 (Register 2011, No. 28). Note: Authority cited: Sections 19420, 19440 and 19590, Business and Professions Code. Reference: Section 19590, Business and Professions Code.
1. New section filed 10-2-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 40).
2. Amendment filed 5-16-88; operative 6-15-88 (Register 88, No. 21).
3. Change without regulatory effect amending subsections (a) and (h) filed 12-23-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 52).
4. Amendment filed 7-12-2011; operative 8-11-2011 (Register 2011, No. 28).