Section 1976.9 - Pick (n) Pool(a) The Pick (n) requires selection of the first-place finisher in each of a number of races designated by the association. The association shall designate the percentage of the net pool considered the major share, and the percentage of the net pool considered the minor share, if any. The number of races comprising a Pick (n) must be at least four but no more than ten. Subsequent changes to the Pick (n) shall be requested in writing by the association. The Board or its designated representative shall respond in writing to such requests within five working days of their receipt at Board headquarters.(b) The major share of the net Pick (n) pool, along with the Pick (n) carryover, shall be distributed to ticket holders that selected the first-place finisher in each of the Pick (n) races, based upon the official order of finish, and the minor share of the net Pick (n) pool shall be distributed as a win pool to ticket holders whose selection finished first in the second greatest number of Pick (n) races; if there are no wagers selecting the first place finisher in each of the Pick (n) races, then: (1) The minor share of the net pool shall be distributed as a win pool to ticket holders whose selection finished first in the greatest number of Pick (n) races, and(2) The major share of the net Pick (n) pool shall be retained by the association and added to the corresponding Pick (n) pool of the next performance. The additional Pick (n) pool resulting from such a carryover shall be termed the "Pick (n) carryover."(c) In a dead heat for first in any of the Pick (n) races, all horses in the dead heat for win shall be considered winning horses to calculate the pool.(d) If a wagering interest in any of the Pick (n) races is scratched, or is designated to run for purse only in accordance with Rule 1974 of this article, the association may substitute the favorite for the scratched or designated wagering interest, determined by total amounts wagered in the win pool at the close of wagering on that race, or allow patrons the option of selecting an alternate wagering interest. The favorite or alternate wagering interest shall be substituted for the scratched wagering interest, or horse designated to run for purse only, for all purposes. If the association elects to substitute the favorite and the win pool total is identical for two or more horses, the horse with the lowest program number is used. The totalizator shall produce written reports showing each of the wagering combinations with substituted wagering interests that became winners as a result of the substitution, in addition to the normal winning combination, at the end of each race where substitutions occur.(e) The Pick (n) pool shall be canceled and all Pick (n) wagers for the individual performance shall be refunded if:(1) Three or more races included as part of a Pick 4, Pick 5 or Pick 6 are canceled or declared no contest; or(2) Four or more races included as part of a Pick 7, Pick 8 or Pick 9 are canceled or declared no contest; or(3) Five or more races included as part of a Pick 10 are canceled or declared no contest.(f) If at least one race included as part of a Pick (n) is canceled or declared no contest, but fewer than the number specified in subsection (e), the net pool shall be distributed as a win pool to ticket holders whose selection finished first in the greatest number of Pick (n) races for that performance. Such distribution shall include the portion ordinarily retained for the Pick (n) carryover but not the carryover from previous performances.(g) The Pick (n) carryover may be capped at an amount designated by the association, with Board approval. If, at the close of any performance, the carryover equals or exceeds the designated cap, it will be frozen until it is won or distributed under other provisions of this rule. After the carryover is frozen, 100% of the net pool shall be distributed to ticket holders whose selection finished first in the greatest number of Pick (n) races for that performance.(h) Permission to distribute the Pick (n) carryover on a specific date and performance shall be obtained from the Board. The mandatory payout request must contain the intended date and performance for the distribution.(i) If the Pick (n) carryover is designated for distribution on a specified date and performance in which no wager selects the first-place finisher in each of the Pick (n) races, the entire pool including the carryover shall be distributed as a win pool to ticket holders whose selection finished first in the greatest number of Pick (n) races. The Pick (n) carryover shall be designated for distribution on a specified date and performance only under the following circumstances:(1) With written approval from the Board as provided in subsection (h); or(2) With written approval from the Board when there is a change in the carryover cap, a change from one type of Pick (n) wagering to another, or when the Pick (n) is discontinued; or(3) On the closing performance of the meet or split meet.(j) If the Pick (n) carryover must be carried over to the corresponding Pick (n) pool of a subsequent meet, it shall be deposited in an interest-bearing account approved by the Board. The Pick (n) carryover plus accrued interest shall then be added to the net Pick (n) pool of the following meet on a date and performance designated by the association, with Board approval.(k) With Board approval, the association may contribute to the Pick (n) carryover a sum of money up to the amount of any designated cap.(l) No ticket for the Pick (n) pool shall be sold, exchanged or canceled after the close of wagering in the first race comprising the Pick (n), except for refunds required by this rule.(m) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining is prohibited. The totalizator will be programmed to suppress all information related to Pick (n) wagering activity until the conclusion of the final race except for the following: (1) Total amount of the net pool at the close of Pick (n) wagering.(2) Information regarding possible Pick (n) payouts for each of the runners when the last race of the Pick (n) pool is the only race remaining to be run.(n) If the racing surface changes from turf to dirt or dirt to turf in any race of a Pick (n) pool, and such change was not announced to the public before the close of wagering on the Pick (n) pool, all wagers on such race shall be considered winning wagers for the purposes of the Pick (n) pool.Cal. Code Regs. Tit. 4, § 1976.9
1. New section filed 10-10-91; operative 10-10-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 2).
2. Amendment of subsection designations and text filed 9-21-94; operative 10-21-94 (Register 94, No. 38).
3. Amendment filed 10-18-99; operative 11-17-99 (Register 99, No. 43).
4. Amendment filed 8-17-2005; operative 8-17-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Editorial correction of subsection (e)(2) (Register 2011, No. 27).
6. Amendment of subsection (c), repealer of subsections (c)(1)-(2) and amendment of subsection (d) filed 7-12-2011; operative 8-11-2011 (Register 2011, No. 28). Note: Authority cited: Sections 19440 and 19590, Business and Professions Code. Reference: Sections 19440, 19590 and 19593, Business and Professions Code.
1. New section filed 10-10-91; operative 10-10-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 2).
2. Amendment of subsection designations and text filed 9-21-94; operative 10-21-94 (Register 94, No. 38).
3. Amendment filed 10-18-99; operative 11-17-99 (Register 99, No. 43).
4. Amendment filed 8-17-2005; operative 8-17-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 33).
5. Editorial correction of subsection (e)(2) (Register 2011, No. 27).
6. Amendment of subsection (c), repealer of subsections (c)(1)-(2) and amendment of subsection (d) filed 7-12-2011; operative 8-11-2011 (Register 2011, No. 28).