N.Y. Comp. Codes R. & Regs. tit. 9 § 4122.45

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4122.45 - Super exotic pools

The rules in this section shall govern all super exotic pari-mutuel pools conducted by a licensed harness track operator.

(a) Wagering tickets. A super exotic pari-mutuel pool known as the "pick-seven," "pick-eight," "pick-nine," "pick-ten" or such other name as may be approved by the commission, is authorized to be conducted by a harness track operator upon the outcome of 7, 8, 9 or 10 consecutive pari-mutuel races to be contested at such operator's track on the same racing program. Such pool shall be separate and distinct from all other pari-mutuel pools conducted at such track. Wagers in such pool shall be represented by pari-mutuel tickets immediately distinguishable from pari-mutuel tickets issued in other pools. A wager, that shall select a winner for each designated race, shall be included on the same pari-mutuel ticket, that shall be issued prior to the start of the first designated super exotic race. Races designated for the super exotic pool shall be clearly described as such in the official program.

(b) Winners and carry-overs. In general, after deductions for cancellations, refunds and statutory take-out, the resulting super exotic net pool shall be distributed, less breaks, to the holders of tickets selecting winners of all designated races in the pool. Should there be no wager selecting winners of all designated races, then, at the option of the track operator, established before the first such pool of the meeting is conducted, a stated percentage of not less than 25 percent nor more than 75 percent of the net pool shall be distributed, less breaks, to the holders of tickets selecting the winners of the most super exotic races and the balance of the net pool shall be carried over and added to and distributed with the net pool of the next subsequent super exotic pool in which a wager correctly selects the winners of all designated super exotic races. The number of races designated for the super exotic pool shall not be changed during a meeting until a wager has correctly selected the winner of every designated race of a super exotic pool or until there has been an intermediate distribution.

(c) Added payments to winners. In addition to the net pool and any carry-overs distributable when a wager correctly selects winners of all designated races of a super exotic pool, there shall be distributed by the track operator from its own funds, upon such occurrence, any amounts it has advertised that it will add to the total distribution, or any amounts necessary to yield an advertised guaranteed total distribution.

(d) Intermediate distributions. Prior to the last two weeks of a licensed race meeting, a date and program approved by the commission may be announced by the track operator when (provided no one thereafter has correctly selected the winners of all designated races of a super exotic pool through such program) accumulated carry-overs in an amount announced by the track operator will be added to the established percentage of the net pool distributable to wagers selecting the winners of the most races of the super exotic pool conducted on such program. The balance of undistributed carry-overs above such announced amount, plus any carry-over from such program, shall in turn carry-over for distribution with subsequent super exotic pools conducted by such track operator. An intermediate distribution may also be directed at any time, upon three days' notice by the commission, of such portion or all of the accumulated carry-over money as may be directed by the commission.

(e) Final distribution. The commission shall select a date and program during the final week of the licensed race meeting of a track operator when there shall be a final distribution of all accumulated carry-overs together with the entire net pool of the super exotic pool conducted during such program to the holders of wagers selecting the winners of the most super exotic races contested during such program. Thereafter no super exotic pools will be conducted at such meeting. In the event that all super exotic races on the program designated for final distribution are cancelled, and no further programs are conducted at the meeting, the commission shall require that a super exotic pool be conducted on the first program of the next subsequent race meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. The commission may also order a final distribution for an earlier time in the commission's discretion.

(f) Dead heats. Each horse in a dead heat for win shall be considered the winner, and no allocations among wagers shall be made as a result thereof, unlike the practice in a pari-mutuel win pool. The payoff price per dollar shall be the same for all winning wagers.

(g) Scratched horses and nonstarters. At any time after wagering begins on the pool should an entire betting entry or field be scratched or declared a nonstarter in any super exotic race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the super exotic pool, shall be deemed wagers upon the betting entry or field upon which the most wagers have been registered in the win pool at the track at the close of win pool betting for such race (designated horse). (In the event of a money tie, the tied betting entry or field with the lowest program number shall be designated.) Wagers remaining in the pool upon horses that may have been scratched will, in the case of multiple betting entries or fields be deemed wagers upon the horses remaining in such entries or fields, and in the case of single betting entries be deemed wagers upon the designated horse in the race affected by the scratch. Should the balance of a betting entry or field race as a nonbetting starter for purposes of other pari-mutuel pools, as provided in section 4122.27 of this Part, wagers upon such entry or field shall be deemed wagers upon the designated horse for such race. Should a programmed starter be scratched or declared a nonstarter prior to the start of the first leg, the betting operator shall be authorized to refund any tickets designating betting entries affected thereby prior to such first leg.

(h) Race cancellations. Except for pools in which an intermediate or final distribution is to be made, should one or more super exotic races be cancelled, no carry-overs from prior super exotic pools, advertised guaranteed amounts nor advertised added amounts will be distributed to winners in such super exotic pool and that program's entire net pool only shall be distributed, less breaks, to holders of wagers upon the winners of all super exotic races contested for such pool. Should no wager select the winners of all super exotic races contested, the established percentage of that net pool shall be distributed, less breaks, to the holders of wagers upon the winners of the most super exotic races contested and the balance shall be carried over as elsewhere provided in this section, for subsequent distribution.

(i) Seed money or insurance allocation. Two percent of the total super exotic pool shall be held apart by the track operator from the take-out of each super exotic pool to reimburse such track operator for the cost of any insurance it may secure to guarantee minimum distributions to winners of such pools, or to reimburse a track operator for funds it expends for added money or guaranteed minimum distributions to winners of such pools. Any accumulation of such two percent allocations not necessary to reimburse a track for expenditures actually incurred for such purposes shall be added to the amounts distributable in the pool designated for final distribution for the year.

(j) Posting of winning combinations. Every wagering combination entitled to a payoff shall be posted publicly by the track operator together with the payoff price therefor.

(k) Trust funds. Carry-over monies shall be held in a separate account in trust by track operators for the benefit of participants in super exotic pools until distributed.

(l) No reduction in guaranteed distributions. Added monies or guaranteed minimum distributions advertised by a track operator shall not be reduced for subsequent super exotic pools until a wager correctly selects winners of all designated races of a super exotic pool, or a final distribution occurs, whichever is first. Advertised added monies or minimum distributions shall not apply to intermediate or final distributions unless a wager correctly selects winners of all designated races of the super exotic. A guaranteed minimum distribution or guaranteed added money amount, once advertised, may not be reduced and shall continue to be guaranteed by the track operator for every super exotic pool for the balance of the meeting.

(m) Betting information. Unless otherwise ordered by the commission, information concerning combinations wagered upon or not wagered upon in a super exotic pool shall not be disclosed by the tote operator or otherwise, until all races of a super exotic pool have been contested and declared official. The operation of the totalisator equipment and reports generated thereby as well as the communication of any information concerning such pool shall be subject to the strict supervision of the commission.

(n) Nontransferability. Super exotic tickets shall be nontransferable and violations of this subdivision may lead to confiscation and cancellation of such tickets in addition to other disciplinary action.

(o) Unforeseen circumstances. Should circumstances occur that are not foreseen in this section, questions arising thereby shall be resolved in accordance with general pari-mutuel practice in the judgment of the presiding judge. Decisions regarding distribution of super exotic pools are final and unappealable.

(p) Posting of rules. These rules shall be posted in the public area of the track by the track operator and copies thereof shall be made available to the public by the track operator.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4122.45