N.J. Admin. Code § 13:71-27.62

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:71-27.62 - The Choose (N)

(a) The Choose (N) is a wager which requires that a patron select the first place winners in each of (N) races, with the letter (N) representing the number of races comprising the wager. The number of races comprising the Choose (N), and thus representing the letter (N), shall be determined by the racing association (licensee) offering the Choose (N). The number of eligible races, from which a patron in his or her discretion may place a Choose (N) wager, may equal or exceed the number of races comprising the wager (N) and shall be determined by the licensee. For example, where a licensee determines that the Choose (N) shall consist of selecting the first place winners in five races (that is, a Choose (5)), with nine eligible races for the patron to select from, the patron would be required to select the first place finishers in any five of the nine eligible races. A licensee may not offer a Choose (N) unless the format associated with the particular Choose (N) wagering event is first approved by the Racing Commission Executive Director (Executive Director), as required by (k) and (l) below. In approving any request of a licensee associated with a Choose (N), the Executive Director may impose such conditions as are consistent with the bests interests of racing and the interests of the wagering public.

(b) The races eligible for a Choose (N) may be conducted on the same day or may extend over any number of days as determined by the licensee, and some races may be closed to Choose (N) wagering at the discretion of the licensee. The eligible races to a Choose (N) need not be consecutively contested races. In a Choose (N), the first race wagered upon by a patron as part of the wager may begin with any of the eligible races provided that the total number of eligible races remaining uncontested at the time the wager is placed equals or exceeds the number of races comprising the Choose (N). For example, in a Choose (6) with 10 eligible races, the following would be examples of permissible wagers: assuming none of the 10 eligible races have been conducted, a patron could select one horse as the first place winner in any six of the 10 eligible races (for example, the patron could wager on: races 1 through 6; races 2 though 4 and 6 through 8, etc.); and, assuming races 1 and 2 of the 10 eligible races have been conducted, the patron could select one horse to finish first in any six of the remaining eight eligible races (for example, the patron could wager on: races 4 through 9; race 3, 5 and races 7 through 10, etc.). However, assuming the first five or more of the 10 eligible races in this example have been contested, a patron could not place any Choose (6) wager because the wager requires the selection of the first place finishers in six separate races.

(c) Each Choose (N) wagering pool shall be maintained separately from all other wagering pools offered by the licensee, and the proceeds to be paid on winning Choose (N) wagers shall be made only from the Choose (N) wagering pool. The Choose (N) wagering pool shall close after each Choose (N) eligible race, but shall reopen with respect to subsequent eligible races for the particular Choose (N) provided there are at least as many races remaining as required to be selected on a winning Choose (N) ticket. Following the conduct of all eligible races comprising any Choose (N), the Choose (N) wagering pool shall be distributed as follows:

1. A Choose (N) with no "carryover amount" requires that the "net wagering pool," which for purposes of this section means the amount of dollars wagered for the particular Choose (N) to be returned to the wagering public as winnings, be distributed immediately following the last eligible race of the particular Choose (N) offering. In such case, the Choose (N) "net wagering pool" shall be equally distributed to the holder or holders of Choose (N) tickets which correctly select each first place winner in each race (N) from the eligible races comprising the Choose (N). If no Choose (N) ticket correctly selects each first place winner in each race comprising the Choose (N), the "net wagering pool" of a Choose (N) with no "carryover amount" shall be equally distributed to the ticket holder or holders selecting the greatest number of first place winners of the races comprising the Choose (N).

2. A "carryover amount" is the portion of a Choose (N) "net wagering pool" which, in circumstances as set forth in this section, is carried over and added to the wagering pool in one or more designated subsequent Choose (N) offerings that also have a "carryover amount" feature. In an initial offering of a Choose (N) with "carryover amount" feature, as no "carryover amount" has then accumulated, 100 percent of the "net wagering pool" for that particular Choose (N) shall be equally distributed to the holder or holders of Choose (N) tickets which correctly select the first place winners in each race (N) comprising the Choose (N). However, if no Choose (N) ticket correctly selects the first place winner in each race comprising any Choose (N) with "carryover amount" feature: 25 percent of the "net wagering pool" for that particular Choose (N) shall be equally distributed to the holder or holders of Choose (N) tickets correctly selecting the greatest number of first place winners of the races comprising the Choose (N); and the remaining 75 percent of the "net wagering pool" for that particular Choose (N) shall be added as the "carryover amount" portion of the wagering pool for a designated subsequent Choose (N) offering of the licensee. In any Choose (N) with a "carryover amount" feature, 100 percent of the "net wagering pool" for the particular Choose (N), plus any accumulated "carryover amount", shall be equally distributed to the holder or holders of Choose (N) tickets which correctly select the first place winners in each race (N) comprising the Choose (N).

i. With the written approval of the Racing Commission Executive Director, the licensee may contribute to the Choose (N) "carryover amount" a sum of money.

3. A Choose (N) with "carryover amount" feature, as described in (c)2 above, may with the prior approval of the Executive Director have its carryover capped at a designated maximum dollar level, as determined by the licensee. If the cap amount has not been reached, and no Choose (N) ticket correctly selects the first place winner in each race comprising the Choose (N): 25 percent of the "net wagering pool" for that particular Choose (N) shall be equally distributed to the holder or holders of Choose (N) tickets correctly selecting the greatest number of first place winners of the races comprising the Choose (N); and the remaining 75 percent of the "net wagering pool" for that particular Choose (N) shall be added as the "carryover amount" portion of the wagering pool for a designated subsequent Choose (N) offering of the licensee. If the "carryover amount cap" is reached, no additional money shall be added from the "net wagering pool" to the carryover amount in any subsequent Choose (N). In such event, and where no Choose (N) ticket correctly selects the first place winner in each race comprising the Choose (N) where the "carryover amount cap" has been reached, 100 percent of the "net wagering pool" for that particular Choose (N) shall be equally distributed to the holder or holders of Choose (N) tickets correctly selecting the greatest number of first place winners of the races comprising the Choose (N), and the capped carryover amount shall be applied to a subsequent Choose (N) offering designated by the licensee. In any Choose (N) with a "carryover amount cap" feature, regardless of whether the cap amount has been reached, the "net wagering pool" for the particular Choose (N), plus any accumulated "carryover amount", shall be equally distributed to the holder or holders of Choose (N) tickets which correctly select the first place winners in each race (N) comprising the Choose (N).

i. A request to place a cap on a Choose (N) "carryover amount" may be approved by the Executive Director in the following circumstances: at the time a licensee first requests authorization to offer a Choose (N) pursuant to (l) below (that is, where the licensee seeks approval to offer a Choose (N) with "carryover amount cap" feature); and, where the licensee has previously had approved Choose (N) with "carryover amount" feature, where a carryover amount exists as a result of no one winning a prior Choose (N) offering, and the licensee seeks to impose a cap on the "carryover amount."

ii. With the written approval of the Executive Director, the licensee may contribute to the Choose (N) "carryover amount cap" a sum of money up to but not exceeding the designated cap.

(d) Notwithstanding (c)2 and 3 above, a Choose (N) with "carryover amount" or Choose (N) with "carryover amount cap," with the prior approval of the Executive Director, may be designated for "specified date distribution" at the conclusion of a specified Choose (N) wagering event. In such case, the "net wagering pool, plus the "carryover amount" or "carryover cap amount" as applicable, shall be equally distributed to the holder or holders of Choose (N) tickets which have correctly selected the first place finishers in each race (N) comprising the Choose (N). If on the specified date of distribution no Choose (N) ticket correctly selects the first place winners in each race comprising the "specified date distribution" Choose (N) wager, the "net wagering pool," plus the "carryover amount" or "carryover cap amount" as applicable, shall be equally distributed to the holder or holders of Choose (N) tickets selecting the greatest number of first place winners in each race (N) comprising the Choose (N). A licensee's request for "specified date distribution" shall be approved by the Executive Director where: the licensee establishes to the Executive Director's satisfaction that the "specific date distribution" is consistent with the best interests of racing and the best interests of the wagering public.

(e) Notwithstanding the provisions of (c)2, (c)3 and (d) above, a Choose (N) "carryover amount" or "carryover amount cap" shall not extend beyond the last date of any race meeting where Choose (N) wagering is offered, except for reasons beyond the control of the licensee and upon the approval of the Executive Director. On the last day of the final Choose (N) at any race meeting, the "net wagering pool," plus the "carryover amount" or "carryover amount cap" as applicable, shall be equally distributed to the holder or holders of Choose (N) tickets which have correctly selected the first place winners in each race (N) comprising the Choose (N). If no Choose (N) ticket correctly selects the first place winners in each race comprising the Choose (N) wager on the last date of any race meeting where Choose (N) wagering is offered, the "net wagering pool," plus the "carryover amount" or "carryover amount cap" as applicable, shall be equally distributed to the holder or holders of Choose (N) tickets selecting the greatest number of first place winners in each race (N) comprising the Choose (N).

1. If the licensee contends that for reasons beyond its control the "carryover amount" with or without cap cannot be distributed on the last date of any race meeting where Choose (N) wagering is offered, the Executive Director upon written application of the licensee may approve the "carryover amount" or "carryover amount cap" being applied to a Choose (N) offering in the next racing meeting of the licensee where the licensee establishes to the Executive Director's satisfaction that: the reasons for the request are beyond the control of the licensee; and to grant the request would be consistent with the best interests of racing and the best interests of the wagering public. An example of a valid reason beyond the control of the licensee would be where inclement weather resulted in the cancellation of racing on the last day of the race meeting where Choose (N) wagering is offered, the "Choose (N) with "carryover amount" or "carryover amount was cap" was scheduled for offering on that day, and the Choose (N) could not reasonably be rescheduled during the same race meeting.

(f) Those horses constituting an entry or field shall race in any Choose (N) eligible race as a single wagering interest for purposes of the Choose (N) wager and Choose (N) wagering pool calculations. At any time after wagering has begun on a Choose (N) eligible race, a scratch of any part of the entry or field selection shall have no effect with respect to the status of the entry or field as a viable wagering interest. At any time after wagering has begun on a Choose (N) eligible race, if any horse, entire entry or entire field selection is declared a non-starter or scratched, no further tickets selecting such shall be issued and wagers upon such selection shall be deemed as a wager upon the horse, entry or field on which the most money has been wagered in the win pool at the close of win betting for that Choose (N) eligible race. However, in the event of a tie with regard to such monies wagered, and subject to the approval of the Racing Commission Executive Director pursuant to (k) below, either the horse with the most inside post position or the horse with the lowest program number shall be designated.

(g) If there is a dead heat for win between two or more horses in any Choose (N) eligible race, all such horses shall be considered as the first place winning horse in that race for the purpose of distributing the Choose (N) wagering pool.

(h) If for any reason one or more of the Choose (N) eligible races are cancelled or declared a "no contest," the ramifications thereof on the Choose (N) offering and Choose (N) wagering pool shall be approved by the Executive Director pursuant to (l) below, and made available to the public at least 24 hours prior to the commencement of wagering on the related Choose (N) offering. Following a declaration of the race as a "no contest" race for any reason, no Choose (N) tickets shall be sold selecting a horse scheduled to compete in the "no contest" race.

(i) Choose (N) tickets shall be sold in minimum denominations approved by the Executive Director. The physical design of Choose (N) tickets shall be distinguishable in appearance from other parimutuel tickets sold, and the Executive Director shall approve said design. The approved ticket design shall be used for each Choose (N) wager offered, and the approved design of the Choose (N) ticket shall not be changed for any Choose (N) unless first authorized by the Executive Director. The Executive Director shall approve such a request if the licensee establishes to the Executive Director's satisfaction that the approval is consistent with the best interests of racing and the best interests of the wagering public.

(j) The licensee may suspend a previously approved Choose (N) with the prior approval of the Executive Director. In such event, any "carryover amount" with or without cap shall be held, and the "carryover amount" shall be maintained until the suspended Choose (N) is reinstated. In approving such suspension, based upon the circumstances present and the length of suspension period proposed by the licensee, the Executive Director may impose conditions including that the carryover amount be placed in an interest bearing account with interest accruing to the carryover wagering pool.

(k) Races in which Choose (N) wagering is permitted shall be approved in advance by the Executive Director. A licensee desiring to offer a Choose (N) must file a written approval request with the Executive Director at least 15 days prior to the commencement of public wagering on the proposed Choose (N), and the licensee may not offer public wagering on the proposed Choose (N) until written approval of the Executive Director is issued. The written approval request of the licensee shall contain a detailed description of the proposed Choose (N), including:

1. The minimum monetary denomination of the proposed wager;

2. The number of races comprising the letter (N) in which a patron must select each first place winner;

3. The number of eligible races upon which the Choose (N) may be placed;

4. The identity of the specific eligible races including the date or dates on which they are to be conducted;

5. Whether the proposed Choose (N) will have a "carryover amount" or "carryover amount with cap" (and, if so, the cap amount);

6. Whether any "specified date distribution" is proposed for any carryover feature;

7. Whether the horse with the most inside post position or the horse with the lowest program number will be designated pursuant to (f) above;

8. The ramifications to the Choose (N) offering and Choose (N) wagering pool if there is a cancellation or "no contest" as required by (h) above;

9. The patron base to which the wager will be offered (for example, to racetrack patrons, account wagering patrons, casino simulcast facility patrons, simulcast outlets, off-track wagering facility patrons); and

10. The method and time of advertisement of the Choose (N) rules to the wagering public.

(l) After determining that the proposed Choose (N) wager complies with this section in all aspects, the Executive Director shall approve the request of the licensee under (k) above to offer the Choose (N) wager. Any approval shall be subject to the condition that the rules of the Choose (N) be made available to the public at least 24 hours prior to commencement of wagering. Although a Choose (N) wager may be advertised to the public prior to the licensee obtaining such approval, any advertisement must contain language that "the offering of this wager is contingent upon and subject to the prior approval of the New Jersey Racing Commission."

(m) No employee or agent of the licensee, and no employee or agent of the totalisator operator, shall provide information to any person regarding covered combinations, amounts wagered on specific combinations, or number of tickets sold, outside the performance of their normal employment responsibilities.

(n) If circumstances occur which are not specifically addressed by this rule, questions arising thereby shall be resolved by the Racing Commission Board of Judges in accordance with the general pari-mutuel practice as set forth in this Chapter. The Racing Commission Board of Judges shall resolve any question regarding the distribution of the Choose (N) wagering pool consistent with this section.

(o) The penalties for violation of this section shall be as set forth in 13:71-2.3.

N.J. Admin. Code § 13:71-27.62