811 KAR 1:280. Calculation of payouts and distribution of pools.

 

      RELATES TO: KRS 230.210, 230.215, 230.260, 230.361, 230.3615, 230.990

      STATUTORY AUTHORITY: KRS 230.260, 230.361

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) grants the Kentucky Horse Racing Commission the authority to regulate conditions under which horse racing and pari-mutuel wagering thereon shall be conducted in the Commonwealth. KRS 230.361(1) requires the commission to promulgate administrative regulations governing wagering under the pari-mutuel system of wagering. This administrative regulation establishes the calculation of payouts and the distribution of pools for pari-mutuel wagering on live horse races.

 

      Section 1. Definitions. (1) "Betting interest" means a single horse, or more than one (1) horse joined as a mutuel entry or joined in a mutuel field, on which a single pari-mutuel wager may be placed.

      (2) "Breakage" is defined by 811 KAR 1:005.

      (3) "Broken consolation price" means the profit per dollar, plus one (1) dollar, rounded down to the break point.

      (4) "Carryover" is defined 811 KAR 1:005.

      (5) "Consolation payout" means a payout to individuals who do not correctly choose all of the selections in a multiple-pick wager, or a payout to individuals who wager on a horse in a multi-pick wager that is subsequently scratched.

      (6) "Covered betting interest" means a betting interest or combination of betting interests that has been wagered upon.

      (7) "Dead heat" is defined by 811 KAR 1:005.

      (8) "Gross pool" means the sum of all wagers less refunds.

      (9) "Individual" means a natural person, at least eighteen (18) years of age, except does not include any corporation, partnership, limited liability company, trust, or estate.

      (10) "Multi-commission pool" means a pari-mutuel pool where entities accepting wagers use different takeout rates.

      (11) "Net pool" is defined by 811 KAR 1:005.

      (12) "Payout" is defined by 811 KAR 1:005.

      (13) "Performance" means a specified number of races on a given race day that constitutes a full card of racing.

      (14) "Profit" means the net pool less the gross amount wagered if using the standard price calculation procedure and the net pool less the net amount wagered if using the net price calculation procedure.

      (15) "Profit split" means to calculate a payout by splitting a pari-mutuel pool equally between each winning combination and dividing each portion by the number of winning tickets.

      (16) "Scratch" is defined by 811 KAR 1:005.

      (17) "Single commission pool" means a pari-mutuel pool where all entities accepting wagers use the same takeout rate.

      (18) "Single price pool" means a pari-mutuel pool in which the entire profit is paid to holders of winning tickets after the deduction of the takeout.

      (19) "Takeout" is defined by 811 KAR 1:005.

      (20) "Unbroken consolation price" means the profit per dollar plus one (1) dollar.

 

      Section 2. General requirements. (1) All pari-mutuel pools shall be separately and independently calculated and distributed. The takeout shall be deducted from each gross pool as stipulated by KRS 230.750. The remainder of the pool shall be the net pool for distribution as payoff on winning pari-mutuel wagers.

      (2)(a) Single commission pari-mutuel pools may be calculated using either the standard price calculation procedure or the net price calculation procedure.

      (b) Multi-commission pari-mutuel pools shall be calculated using the net price calculation procedure.

      (3) The standard price calculation procedure shall be as follows:

      (a) Single price pools - Win pool

Gross Pool

=

Sum of Wagers on all Betting Interests - Refunds

Takeout

=

Gross Pool x Percent Takeout

Net Pool

=

Gross Pool - Takeout

Profit

=

Net Pool - Gross Amount Bet on Winner

Profit Per Dollar

=

Profit / Gross Amount Bet on Winner

$1 Unbroken Price

=

Profit Per Dollar + $1

$1 Broken Price

=

$1 Unbroken Price Rounded Down to the Break Point

Total Payout

=

$1 Broken Price x Gross Amount Bet on Winner

Total Breakage

=

Net Pool - Total Payout

      (b) Profit split - Place pool. Profit shall be net pool less gross amount bet on all place finishers. Finishers shall split profit 1/2 and 1/2 (place profit), then divide by gross amount bet on each place finisher for two (2) unique prices.

      (c) Profit split - show pool. Profit shall be net pool less gross amount bet on all show finishers. Finishers shall split profit 1/3 and 1/3 and 1/3 (show profit), then divide by gross amount bet on each show finisher for three (3) unique prices.

      (4) The net price calculation procedure shall be as follows:

      (a) Single price pool - Win pool

Gross Pool

=

Sum of Wagers on all Betting Interests – Refunds

Takeout

=

Gross Pool x Percent Takeout for Each Source

Net Pool

=

Gross Pool - Takeout

Net Bet on Winner

=

Gross Amount Bet on Winner x (1 – Percent Takeout)

Total Net Pool

=

Sum of All Sources Net pools

Total Net Bet on Winner

=

Sum of All Sources Net Bet on Winner

Total Profit

=

Total Net Pool - Total Net Bet on Winner

Profit Per Dollar

=

Total Profit / Total Net Bet on Winner

$1 Unbroken Base Price

=

Profit Per Dollar + $1 for each source:

$1 unbroken price

=

$1 Unbroken Base Price x (1 - Percent Takeout)

$1 Broken Price

=

$1 Unbroken Price Rounded Down to the Break Point

Total Payout

=

$1 Broken Price x Gross Amount Bet on Winner

Total Breakage

=

Net Pool - Total Payout

      (b) Profit split - Place pool. Total profit shall be the total net pool less the total net amount bet on all place finishers. Finishers shall split total profit 1/2 and 1/2 (place profit), then divide by total net amount bet on each place finisher for two (2) unique unbroken base prices.

      (c) Profit split - Show pool. Total profit shall be the total net pool less the total net amount bet on all show finishers. Finishers shall split total profit 1/3 and 1/3 and 1/3 (show profit), then divide by total net amount bet on each show finisher for three (3) unique unbroken base prices.

      (5) Each association shall disclose the following in its license application:

      (a) Which price calculation method it will use for single commission pari-mutuel pools;

      (b) The ticket denominations for each type of pari-mutuel wager;

      (c) The procedures for refunds of pari-mutuel wagers;

      (d) The takeout for each type of pari-mutuel wager;

      (e) Which pari-mutuel wagers will include carryover and consolation pools and the percentages of the net pool assigned to each; and

      (f) For each type of pari-mutuel wagering involving more than one (1) live horse race, the procedures to be used if a race is cancelled.

      (6) All minimum amounts for pari-mutuel wagers shall be approved by the commission.

      (7) The individual pools described in this administrative regulation may be given alternative names by each association if prior approval is obtained from the commission.

      (8) A mutuel entry or a mutuel field in any race shall be a single betting interest for the purpose of each of the wagers described in this administrative regulation and the corresponding pool calculations and payouts. If either horse in a mutuel entry, or any horse in a mutuel field, is a starter in a race, the entry or the field selection shall remain as the designated selection for any of the wagers described in this administrative regulation and the selection shall not be deemed scratched.

 

      Section 3. Pools dependent upon entries for live horse races. (1) Except as provided in subsection (4) of this section, when pools are opened for wagering all associations shall:

      (a) Offer win wagering on all races with four (4) or more betting interests;

      (b) Offer place wagering on all races with five (5) or more betting interests; and

      (c) Offer show wagering on all races with six (6) or more betting interests.

      (2) Except as provided in subsection (4) of this section, when pools are opened for wagering, associations may:

      (a) Offer Quinella wagering on all races with four (4) or more betting interests;

      (b) Offer Exacta wagering on all races with four (4) or more betting interests;

      (c) Offer Trifecta wagering on all races with five (5) or more betting interests;

      (d) Offer Superfecta wagering on all races with six (6) or more betting interests;

      (e) Offer Big Q wagering on all races with three (3) or more betting interests; and

      (f) Offer Super High 5 wagering on all races with seven (7) or more betting interests.

      (3) Except as provided in subsection (4) of this section, when pools are opened for wagering, associations shall not offer Twin Trifecta wagering on any races with six (6) or fewer betting interests.

      (4) The commission may authorize an association to offer a subject wager with less than the number of horses required by this section if:

      (a) Requested by the association; and

      (b) The integrity of the wager would not be affected by the smaller field.

 

      Section 4. Win Pools. (1) The amount wagered on the betting interest which finishes first shall be deducted from the net win pool and the balance remaining shall be the profit. The profit shall be divided by the amount wagered on the betting interest finishing first and the result shall be the profit per dollar wagered to win on that betting interest.

      (2) The net win pool shall be distributed as a single price pool in the following precedence based upon the official order of finish:

      (a) To individuals whose selection finishes first, except if there are not any of those wagers, then;

      (b) To individuals whose selection finishes second, except if there are not any of those wagers, then;

      (c) To individuals whose selection finishes third, but if there are no such wagers, then;

      (d) The entire pool shall be refunded on win wagers for that race.

      (3)(a) If there is a dead heat for first involving horses representing the same betting interest, the win pool shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for first involving horses representing two (2) or more betting interests, the win pool shall be distributed as a profit split.

 

      Section 5. Place pools. (1) The amounts wagered to place on the first two (2) betting interests to finish shall be deducted from the net pool and the balance remaining shall be the profit. The profit shall be divided into two (2) equal portions, with each portion assigned to each winning betting interest and divided by the dollar amount wagered to place on that betting interest. The result shall be the profit per dollar wagered to place on that betting interest.

      (2) The net place pool shall be distributed in the following precedence based upon the official order of finish:

      (a) If horses in a mutuel entry or mutuel field finish in the first two (2) places, as a single price pool to individuals who selected the mutuel entry or mutuel field, otherwise;

      (b) As a profit split to individuals whose selection is included within the first two (2) finishers, except if there are not any of those wagers on one (1) of those two (2) finishers, then;

      (c) As a single price pool to individuals who selected the one (1) covered betting interest included within the first two (2) finishers, except if there are not any of those wagers, then;

      (d) As a single price pool to individuals who selected the third-place finisher, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on place wagers for that race.

      (3)(a) If there is a dead heat for first involving horses representing the same betting interest, the place pool shall be distributed as a single price pool.

      (b) If there is a dead heat for first involving horses representing two (2) or more betting interests, the place pool shall be distributed as a profit split.

      (4)(a) If there is a dead heat for second involving horses representing the same betting interest, the place pool shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for second involving horses representing two (2) or more betting interests, the place pool shall be divided, with one-half (1/2) of the profit distributed to place wagers on the betting interest finishing first and the remainder of the profit distributed equally among place wagers on the betting interests involved in the dead heat for second.

 

      Section 6. Show Pools. (1) The amounts wagered to show on the first three (3) betting interests shall be deducted from the net pool and the balance remaining shall be the profit. The profit shall be divided into three (3) equal portions, with each portion assigned to each winning betting interest and divided by the amount wagered to show on that betting interest. The result shall be the profit per dollar wagered to show on that betting interest.

      (2) The net show pool shall be distributed in the following precedence based on the official order of finish:

      (a) If horses in a mutuel entry or mutuel field finish in the first three (3) places, as a single price pool to individuals who selected the mutuel entry or mutuel field, otherwise;

      (b) If horses of a mutuel entry or mutuel field finish as two (2) of the first three (3) finishers, the profit shall be divided with two-thirds (2/3) distributed to individuals who selected the mutuel entry or mutuel field and one-third (1/3) distributed to individuals who selected the other betting interest included within the first three (3) finishers, otherwise;

      (c) As a profit split to individuals whose selection shall be included within the first three (3) finishers, except if there are not any of those wagers on one (1) of those three (3) finishers, then;

      (d) As a profit split to individuals who selected one (1) of the two (2) covered betting interests included within the first three (3) finishers, except if there are not any of those wagers on two (2) of those three (3) finishers, then;

      (e) As a single price pool to individuals who selected the one (1) covered betting interest included within the first three (3) finishers, except if there are not any of those wagers, then;

      (f) As a single price pool to individuals who selected the fourth-place finisher, except if there are not any of those wagers, then;

      (g) The entire pool shall be refunded on show wagers for that race.

      (3)(a) If there is a dead heat for first involving two (2) horses representing the same betting interest, the profit shall be divided with two-thirds (2/3) to individuals who selected the first-place finishers and one-third (1/3) distributed to individuals who selected the betting interest finishing third.

      (b) If there is a dead heat for first involving three (3) horses representing a single betting interest, the show pool shall be distributed as a single price pool.

      (c) If there is a dead heat for first involving horses representing two (2) or more betting interests, the show pool shall be distributed as a profit split.

      (4)(a) If there is a dead heat for second involving horses representing the same betting interest, the profit shall be divided with one-third (1/3) distributed to individuals who selected the betting interest finishing first and two-thirds (2/3) distributed to individuals who selected the second-place finishers.

      (b) If there is a dead heat for second involving horses representing two (2) betting interests, the show pool shall be distributed as a profit split.

      (c) If there is a dead heat for second involving horses representing three (3) betting interests, the show pool shall be divided with one-third (1/3) of the profit distributed to show wagers on the betting interest finishing first and the remainder shall be distributed equally among show wagers on those betting interests involved in the dead heat for second.

      (5)(a) If there is a dead heat for third involving horses representing the same betting interest, the show pool shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for third involving horses representing two (2) or more betting interests, the show pool shall be divided with two-thirds (2/3) of the profit distributed to show wagers on the betting interests finishing first and second and the remainder shall be distributed equally among show wagers on those betting interests involved in the dead heat for third.

 

      Section 7. Double Pools. (1) The double shall require the selection of the first-place finisher in each of two (2) specified races.

      (2) The net double pool shall be distributed in the following precedence based upon the official order of finish:

      (a) As a single price pool to individuals whose selections finished first in each of the two (2) races, except if there are not any of those wagers, then;

      (b) As a profit split to individuals who selected the first-place finisher in either of the two (2) races, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals who selected the one (1) covered betting interest that finished first in either race, except if there are not any of those wagers, then;

      (d) As a single price pool to individuals whose selection finished second in each of the two (2) races, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on the double wagers for those races.

      (3)(a) If there is a dead heat for first in either of the races involving horses representing the same betting interest, the double pool shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for first in either of the races involving horses representing two (2) or more betting interests, the double pool shall be distributed as a profit split if there is more than one (1) covered winning combination.

      (4) If a betting interest in the first half of the double is scratched prior to the close of wagering on the first double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the double pool and refunded.

      (5) If a betting interest in the second half of the double is scratched prior to the close of wagering on the first double race, all money wagered on the combinations including the scratched betting interest shall be deducted from the double pool and refunded.

      (6) If a betting interest in the second half of the double is scratched after the close of wagering on the first double race, all wagers combining the winner of the first race with the scratched betting interest in the second race shall be allocated a consolation payout.

      (a) In calculating the consolation payout, the net double pool shall be divided by the total amount wagered on the winner of the first race and an unbroken consolation price obtained.

      (b) The broken consolation price shall be multiplied by the dollar value of wagers on the winner of the first race combined with the scratched betting interest to obtain the consolation payout.

      (c) Breakage shall not be included in this calculation.

      (d) The consolation payout shall be deducted from the net double pool before calculation and distribution of the winning double payout.

      (e) Dead heats including separate betting interests in the first race shall result in a consolation payout calculated as a profit split.

      (7) If either of the double races is cancelled prior to the first double race, or the first double race is declared "no contest," the entire double pool shall be refunded on double wagers for those races.

      (8)(a) If the second double race is cancelled or declared a "no contest" after the conclusion of the first double race, the net double pool shall be distributed as a single price pool to individuals who selected the winner of the first double race.

      (b) If there is a dead heat involving separate betting interests, the net double pool shall be distributed as a profit split.

 

      Section 8. Exacta Pools. (1) The Exacta shall require the selection of the first two (2) finishers, in their exact order, for a single race.

      (2) The net Exacta pool shall be distributed in the following precedence based upon the official order of finish:

      (a) If horses of a mutuel entry or mutuel field finish as the first two (2) finishers, as a single price pool to individuals selecting the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish, otherwise;

      (b) As a single price pool to individuals whose combination finished in the correct sequence as the first two (2) betting interests, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals whose combination included the betting interest that finishes first, except if there are not any of those wagers, then;

      (d) As a single price pool to individuals whose combination included the betting interest that finished second, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on Exacta wagers for that race.

      (3)(a) If there is a dead heat for first involving horses representing the same betting interest, the Exacta pool shall be distributed as a single price pool to individuals who selected the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish.

      (b) If there is a dead heat for first involving horses representing two (2) or more betting interests, the Exacta pool shall be distributed as a profit split.

      (4) If there is a dead heat for second involving horses representing the same betting interest, the Exacta shall be distributed as if no dead heat occurred.

      (5) If there is a dead heat for second involving horses representing two (2) or more betting interests, the Exacta pool shall be distributed to ticket holders in the following precedence based upon the official order of finish:

      (a) As a profit split to individuals combining the first-place betting interest with any of the betting interests involved in the dead heat for second, except if there is only one (1) covered combination, then;

      (b) As a single price pool to individuals combining the first-place betting interest with the one (1) covered betting interest involved in the dead heat for second, except if there are not any of those wagers, then;

      (c) As a profit split to individuals whose wagers correctly selected the winner for first-place and any of the betting interests which finished in a dead-heat for second-place, except if there are not any of those wagers, then;

      (d) The entire pool shall be refunded on Exacta wagers for that race.

 

      Section 9. Quinella Pools. (1) The Quinella shall require the selection of the first two (2) finishers, irrespective of order, for a single race.

      (2) The net Quinella pool shall be distributed in the following precedence based upon the official order of finish:

      (a) If horses of a mutuel entry or mutuel field finish as the first two (2) finishers, as a single price pool to individuals selecting the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish, otherwise;

      (b) As a single price pool to individuals whose combination finished as the first two (2) betting interests, except if there are not any of those wagers, then;

      (c) As a profit split to individuals whose combination included either the first- or second-place finisher, except if there are not any of those wagers on one (1) of those two (2) finishers, then;

      (d) As a single price pool to individuals whose combination included the one (1) covered betting interest included within the first two (2) finishers, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on Quinella wagers for that race.

      (2)(a) If there is a dead heat for first involving horses representing the same betting interest, the Quinella pool shall be distributed to individuals selecting the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish.

      (b) If there is a dead heat for first involving horses representing two (2) betting interests, the Quinella pool shall be distributed as if no dead heat occurred.

      (c) If there is a dead heat for first involving horses representing three (3) or more betting interests, the Quinella pool shall be distributed as a profit split.

      (3) If there is a dead heat for second involving horses representing the same betting interest, the Quinella pool shall be distributed as if no dead heat occurred.

      (4) If there is a dead heat for second involving horses representing two (2) or more betting interests, the Quinella pool shall be distributed to individuals in the following precedence based upon the official order of finish:

      (a) As a profit split to individuals combining the winner with any of the betting interests involved in the dead heat for second, except if there is only one (1) covered combination, then;

      (b) As a single price pool to individuals combining the winner with the one (1) covered betting interest involved in the dead heat for second, except if there are not any of those wagers, then;

      (c) As a profit split to individuals combining the betting interests involved in the dead heat for second, except if there are not any of those wagers, then;

      (d) As a profit split to individuals whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on Quinella wagers for that race.

 

      Section 10. Pick-3. (1) The Pick-3 shall require the selection of the first place finisher in each of three (3) specified races designated by the association and approved by the commission. Any changes to the Pick-3 format shall be approved by the commission before implementation.

      (2) The net Pick-3 pool shall be distributed in the following precedence based upon the official order of finish:

      (a) As a single price pool to individuals whose selection finished first in each of the three (3) races, except if there are not any of those wagers, then;

      (b) As a single price pool to individuals who selected the first-place finisher in any two (2) of the three (3) races, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals who selected the first-place finisher in any one (1) of the three (3) races, except if there are not any of those wagers, then;

      (d) The entire pool shall be refunded on Pick-3 wagers for those races.

      (3)(a) If there is a dead heat for first in any of the three (3) races involving horses representing the same betting interest, the Pick-3 shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for first in any of the three (3) races involving horses representing two (2) or more betting interests, the Pick-3 pool shall be distributed as follows:

      1. As a profit split to individuals whose selections finished first in each of the three (3) races, except if there are not any of those wagers, then;

      2. As a single price pool to individuals who selected the first-place finisher in any two (2) of the three (3) races, except if there are not any of those wagers, then;

      3. As a single price pool to individuals who selected the first-place finisher in any one (1) of the three (3) races, except if there are not any of those wagers, then;

      4. The entire Pick-3 pool shall be refunded.

      (4) If a betting interest is scratched from a leg of the Pick-3, all wagers with the scratched betting interest shall be handled as follows:

      (a) If the scratch was made prior to the start of the first leg, all wagers containing the scratched betting interest shall be refunded to determine the gross pool and removed from further consideration in the pool.

      (b) If the scratch was made in the second leg after the start of the first leg, a consolation payoff shall be computed for those wagers combining the winners of the first and third leg with the scratched betting interest as follows:

      1. The takeout and the amount of wagers on combinations involving betting interests scratched from the second leg shall be deducted from the gross pool.

      2. The resulting remainder shall be divided by the amounts bet on the combination of the first and third leg winners with all betting interests in the second leg, less breakage, to determine the consolation price per dollar payable to those wagers combining winners from the first and third legs with the betting interest scratched in the second leg.

      3. Breakage shall not be deducted from the pool.

      (c) If a betting interest is scratched in the third leg after the start of the first leg, a consolation payoff shall be computed for those wagers combining the winners of the first and second legs with the scratched betting interest as follows:

      1. The takeout and the amount of wagers on combinations involving betting interests scratched from the third leg shall be deducted from the gross pool.

      2. The resulting remainder shall be divided by the amount bet on the combination of the first and second leg winners with all betting interests in the third leg, less breakage, to determine the consolation price per dollar payable to those wagers combining winners in the first and second legs with a betting interest scratched in the third leg.

      3. Breakage shall not be deducted from the pool.

      (d) If betting interests are scratched in both the second and third legs after the start of the first leg, a consolation payoff shall be computed for those wagers combining the winner of the first leg with the betting interests scratched in both the second and third legs as follows:

      1. The takeout shall be deducted from the gross pool.

      2. The remainder shall be divided by the amount bet on the winner of the first leg combined with all other betting interests, less breakage, to determine the consolation price per dollar payable to those individuals with wagers combining the winner of the first leg with the scratched betting interests from both the second and third legs.

      (5) If the first race of the Pick-3 is cancelled or declared "no contest", the entire pool shall be refunded on Pick-3 wagers.

      (6) If the second or third races of the Pick-3 are cancelled or declared "no contest’, the Pick-3 pool shall remain valid and shall be distributed in accordance with subsection (2) of this section.

      (7) Individuals shall be notified immediately by immediate public announcement and immediate posting on the association’s video monitors and website to hold all Pick-3 tickets if:

      (a) After the first race of the Pick-3, there are no wagers with the winner of the first leg; or

      (b) After the second race of the Pick-3, there are no wagers with the winners of the first two (2) races; or

      (c) After the third race of the Pick-3, there are no wagers with the winners of the first three (3) races.

      (8) If the condition of the turf course warrants a change of racing surface in any races of the Pick-3, and the change has not been disclosed to the public prior to "off time" of the first race of the Pick-3, the stewards shall declare the changed races an "all win" race for Pick-3 wagering purposes only. An "all win" race shall assign the winner of that race to each Pick-3 ticket holder as their selection for that race.

 

      Section 11. Pick-4 Pools. (1) The Pick-4 requires the selection of the first place finisher in each of four (4) specified races designated by the association and approved by the commission. Any changes to the Pick-4 format shall be approved by the commission before implementation.

      (2) The Pick-4 pari-mutuel pool consists of amounts contributed for a win only selection in each of four (4) races designated by the association. Each individual placing a Pick-4 wager shall designate the winning horse in each of four (4) races comprising the Pick-4.

      (3) The net Pick-4 pool shall be distributed in the following precedence based upon the official order of finish:

      (a) As a single price pool to individuals whose selection finished first in each of the four (4) races, except if there are not any of those wagers, then;

      (b) As a single price pool to individuals who selected the first-place finisher in any three (3) of the four (4) races, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals who selected the first-place finisher in any two (2) of the four (4) races, except if there are not any of those wagers, then;

      (d) As a single price pool to individuals who selected the first-place finisher in any one (1) of the four (4) races, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on Pick-4 wagers for those races.

      (4) If for any reason one (1) or two (2) of the races comprising the Pick-4 is cancelled, the net amount of the pari-mutuel pool shall be distributed as provided above in subsections (3)(b), (c), (d), and (e) of this section.

      (5) If for any reason three (3) or more races comprising the Pick-4 are cancelled, the entire pool shall be refunded on Pick-4 wagers for those races.

      (6) If the condition of the turf course warrants a change of racing surface in any races of the Pick-4, and the change has not been disclosed to the public prior to "off time" of the first race of the Pick-4, the stewards shall declare the changed races an "all win" race for Pick-4 wagering purposes only. An "all win" race shall assign the winner of that race to each Pick-4 ticket holder as their selection for that race.

      (7)(a) If there is a dead heat for first in any Pick-4 race involving horses representing the same betting interest, the Pick-4 pool shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for first in any Pick-4 race involving horses representing two (2) or more betting interests, the Pick-4 pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

      (8) If a betting interest in any of the Pick-4 races is scratched, excused, or determined by the stewards to be a non-starter in a race, the actual favorite, as evidenced by total amounts wagered in the win pool at the host association for the race at the close of wagering on that race, shall be substituted for the scratched betting interest for all purposes, including pool calculations.

      (a) If the win pool total for two (2) or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number.

      (b) The totalizator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

      (9) The Pick-4 pool shall be cancelled and all Pick-4 wagers for the individual performance shall be refunded if at least three (3) races included as part of a Pick-4 are cancelled or declared "no contest."

      (10)(a) Each association shall disclose in its license application whether it intends to schedule Pick-4 races and, if so, shall disclose:

      1. The percentage of the pool to be retained for the winning wagers, and

      2. The designated amount of any cap to be set on the pool to be retained for the winning wagers.

      (b) Any changes to the Pick-4 scheduling shall require prior approval from the commission or its designee.

      (11)(a) The Pick-4 carryover may be capped at a designated level approved by the commission so that if, at the close of any performance, the amount in the Pick-4 carryover equals or exceeds the designated cap, the Pick-4 carryover shall be frozen until it is won or distributed under the provisions of this administrative regulation.

      (b) After the Pick-4 carryover is frozen, 100 percent of the net pool, part of which ordinarily would be added to the Pick-4 carryover, shall be distributed to individuals whose selections finished first in the greatest number of Pick-4 races for that performance.

      (12) An association may request permission from the commission to distribute the Pick-4 carryover on a specific performance. The request shall contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

      (13) If the Pick-4 carryover is designated for distribution on a specified date and performance, and no wagers correctly select the first-place finisher in each of the Pick-4 races, the entire pool shall be distributed as a single price pool to individuals whose selection finished first in the greatest number of Pick-4 races.

      (14) The Pick-4 carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

      (a) Upon written approval from the commission as provided in subsection (7) of this section;

      (b) Upon written approval from the commission if there is a change in the carryover cap;

      (c) A change from Pick-4 wagering to another type of Pick-(N) wagering;

      (d) If the Pick-4 is discontinued; or

      (e) On the closing performance of the meeting or split meeting.

      (14) If, for any reason, the Pick-4 carryover shall be held over to the corresponding Pick-4 pool of a subsequent meeting, the carryover shall be deposited in an interest-bearing account approved by the commission. The Pick-4 carryover plus accrued interest shall then be added to the net Pick-4 pool of the following meeting on a date and performance approved by the commission.

      (15) Upon written approval of the commission, a sum of money up to the amount of any designated cap may be contributed to the Pick-4 carryover by an association.

      (16) The association may supply information to the general public regarding the winning dollars in the Pick-4 pool. The information shall not be selectively distributed. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

 

      Section 12. Pick-6. (1) The Pick-6 shall require selection of the first-place finisher in each of six (6) races designated by an association.

      (2)(a) The major share of the net Pick-6 pool and the carryover, if any, shall be distributed to those who selected the first-place finisher in each of the Pick-6 contests, based upon the official order of finish.

      (b) The minor share of the net Pick-6 pool shall be distributed to those who selected the first-place finisher in the second greatest number of Pick-6 contests, based upon the official order of finish.

      (c) If there are no wagers selecting the first place finisher of all Pick-6 contests, the minor share of the net Pick-6 pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick-6 contests. The major share shall be added to the carryover.

      (3)(a) If there is a dead heat for first in any of the Pick-6 races involving horses representing the same betting interest, the Pick-6 shall be distributed as if no dead heat occurred.

      (b) If there is a dead heat for first in any of the Pick-6 races involving horses representing two (2) or more betting interests, the Pick-6 pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

      (4) At any time after wagering has begun on the Pick-6 and a betting interest is scratched, or declared a nonstarter, the actual favorite, as evidenced by total amounts wagered in the win pool at the host association for the race at the close of wagering on that race, shall be substituted for the scratched betting interest for all purposes, including pool calculations.

      (a) If the win pool total for two (2) or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number.

      (b) The totalizator shall produce reports showing each of the winning combinations with substituted betting interests that became winners as a result of the substitution, in addition to the normal winning combination.

      (c) Pick-6 wagers on a mutuel entry or mutuel field from which a starter or starters may have been scratched shall be wagers upon the horse or horses remaining in the entry or field.

      (d) If no starter remains representing any mutuel entry or mutuel field, wagers upon the entry or field shall be deemed wagers upon the favorite as described in subsection (4) of this section.

      (e) If a betting interest is scratched or declared a non-starter prior to the close of wagering of the first race of the Pick-6, individuals may:

      1. Select another betting interest if the affected ticket can be cancelled and re-issued prior to the start of the first race of the Pick-6; or

      2. Obtain a refund on the affected ticket if it can be processed prior to the start of the first race of the Pick-6.

      (5) If the condition of the turf course warrants a change of racing surface in any of the Pick-6 races, and the change has not been disclosed to the public prior to the close of wagering for the Pick-6 pool, the stewards shall declare the changed race(s) an "all win" race for Pick-6 wagering purposes only. An "all win" race shall assign the winner of that race to each Pick-6 ticketholder as their selection for that race.

      (6) If at least one (1) race included as part of a Pick-6 is cancelled or declared "no contest", except not more than the number specified in subsection (7) of this section, the net pool shall be distributed as a single price pool to individuals whose selection finished first in the greatest number of Pick-6 races for that performance. The distribution shall include the portion ordinarily retained for the Pick-6 carryover, except not the carryover from previous performances.

      (7) The Pick-6 pool shall be cancelled and all Pick-6 wagers for the individual performance shall be refunded if at least three (3) races included as part of the Pick-6 are cancelled or declared "no contest."

      (8)(a) Each association shall disclose in its license application whether it intends to schedule Pick-6 races and, if so, shall disclose:

      1. The percentage of the pool to be retained for the winning wagers; and

      2. The designated amount of any cap to be set on the pool to be retained for the winning wagers.

      (b) Any subsequent changes to the Pick-6 scheduling shall require prior approval from the commission or its designee.

      (9)(a) The Pick-6 carryover may be capped at a designated level approved by the commission so that if, at the close of any performance, the amount in the Pick-6 carryover equals or exceeds the designated cap, the Pick-6 carryover shall be frozen until it is won or distributed under the provisions of this administrative regulation.

      (b) After the Pick-6 carryover is frozen, 100 percent of the net pool, part of which ordinarily would be added to the Pick-6 carryover, shall be distributed to those whose selection finished first in the greatest number of Pick-6 races for that performance.

      (10) An association may request permission from the commission to distribute the Pick-6 carryover on a specific performance. The request shall contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

      (11)(a) On the final day of a meeting, an association shall make a final distribution of all accumulated carryovers along with seventy-five (75) percent of the net pool of the Pick-6 pool conducted on the final day of the meeting to:

      1. Individuals with tickets selecting the winners of all Pick-6 races, or, if there are not any of those wagers, to;

      2. Individuals with tickets selecting five (5) winners and no more than one (1) "all win" selection.

      (b) Twenty-five (25) percent of the net pool shall be distributed to the holders of the remaining tickets selecting the most winners.

      (c) If there is no distribution in accordance with paragraph (a) of this subsection on the last day of the meeting, the entire distributable pool and all monies accumulated therein shall be distributed to the holders of tickets correctly designating the most winning selections of the six (6) races comprising the Pick-6 for that day.

      (d) If the Pick-6 is canceled on the final day of a meeting, all money wagered into the Pick-6 pool that day shall be refunded and any carryover shall be retained and added to the Pick-6 pool on the first racing day of the next meeting.

      (12) The Pick-6 carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

      (a) Upon written approval from the commission as provided in subsection (8) of this section;

      (b) Upon written approval from the commission if there is a change in the carryover cap;

      (c) A change from Pick-6 wagering to another type of Pick-(N) wagering;

      (d) If the Pick-6 is discontinued; or

      (e) On the closing performance of the meeting or split meeting.

      (13) If, for any reason, the Pick-6 carryover shall be held over to the corresponding Pick-6 pool of a subsequent meeting, the carryover shall be deposited in an interest-bearing account approved by the commission. The Pick-6 carryover plus accrued interest shall then be added to the net Pick-6 pool of the following meeting on a date and performance approved by the commission.

      (14) Upon written approval of the commission, a sum of money up to the amount of any designated cap may be contributed by to the Pick-6 carryover by an association.

      (15) Advertised added money or minimum distributions shall not apply to intermediate or final distributions, unless a wager correctly selects winners of all six (6) designated races, or five (5) winners and no more than one (1) "all win" race of the Pick-6 pool.

      (16) The association may supply information to the general public regarding the winning dollars in the Pick-6 pool. The information shall not be selectively distributed. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

      (17) Pick-6 tickets shall be nontransferable.

      (18) Any violation of subsection (17) of this section may lead to confiscation and cancellation of the tickets in addition to other disciplinary action.

 

      Section 13. Trifecta Pools. (1) The Trifecta requires selection of the first three (3) finishers, in their exact order, for a single race.

      (2) For Trifecta price calculations only, the highest placed finisher of any part of a mutuel entry or mutuel field shall be used, eliminating all other parts of that mutuel entry or mutuel field from consideration regardless of finishing order.

      (3) The Trifecta pool shall be distributed in the following precedence based upon the official order of finish:

      (a) As a single price pool to individuals whose combination finished in correct sequence as the first three (3) betting interests, except if there are not any of those wagers, then;

      (b) As a single price pool to individuals whose combination included, in correct sequence, the first two (2) betting interests, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals whose combination correctly selected the first-place betting interest only, except if there are not any of those wagers, then;

      (d) The entire pool shall be refunded on Trifecta wagers for that race.

      (4)(a) If less than three (3) betting interests finish and the race is declared official, payouts shall be made based upon the order of finish of those betting interests that finish the race.

      (b) The balance of any selection beyond the number of betting interests completing the race shall be ignored.

      (5)(a) If there is a dead heat for first involving horses representing three (3) or more betting interests, all of the wagering combinations selecting three (3) betting interests that correspond with any of the betting interests involved in the dead heat shall share in a profit split.

      (b) If there is a dead heat for first involving horses representing two (2) betting interests, both of the wagering combinations selecting the two (2) betting interests that finish in a dead heat, irrespective of order, along with the third-place betting interest shall share in a profit split.

      (6) If there is a dead heat for second, all of the combinations correctly selecting the winner combined with any of the betting interests involved in the dead heat for second shall share in a profit split.

      (7) If there is a dead heat for third, all wagering combinations correctly selecting the first two (2) finishers, in correct sequence, along with any of the betting interests involved in the dead heat for third shall share in a profit split.

      (8)(a) Trifecta wagering shall not be conducted on any race having fewer than five (5) separate betting interests.

      (b) If fewer than five (5) horses start due to a late scratch or malfunction of the starting gate, the Trifecta shall be cancelled and the gross pool shall be refunded.

 

      Section 14. Superfecta Pools. (1) The Superfecta shall require selection of the first four (4) finishers, in their exact order, for a single race.

      (2) The net Superfecta pool shall be distributed in the following precedence based upon the official order of finish:

      (a) As a single price pool to individuals whose combination finished in correct sequence as the first four (4) betting interests, except if there are not any of those wagers, then;

      (b) As a single price pool to individuals whose combination included in correct sequence, the first three (3) betting interests, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals whose combination included, in correct sequence, the first two (2) betting interests, except if there are not any of those wagers, then;

      (d) As a single price pool to individuals whose combination correctly selected the first-place betting interest only, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on Superfecta wagers for that race.

      (3)(a) If less than four (4) betting interests finish and the race is declared official, payouts shall be made based upon the order of finish of those betting interests completing the race.

      (b) The balance of any selection beyond the number of betting interests completing the race shall be ignored.

      (4)(a) If there is a dead heat for first involving horses representing four (4) or more betting interests, all of the wagering combinations selecting betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

      (b) If there is a dead heat for first involving horses representing three (3) betting interests, all of the wagering combinations selecting the three (3) betting interests that finish in a dead heat, irrespective of order, along with the fourth-place betting interest shall share in a profit split.

      (c) If there is a dead heat for first involving horses representing two (2) betting interests, both of the wagering combinations selecting the two (2) dead-heated betting interests, irrespective of order, along with the third-place and fourth-place betting interests shall share in a profit split.

      (5)(a) If there is a dead heat for second involving horses representing three (3) or more betting interests, all of the wagering combinations correctly selecting the winner combined with any of the three (3) betting interests involved in the dead heat for second shall share in a profit split.

      (b) If there is a dead heat for second involving horses representing two (2) betting interests, all of the wagering combinations correctly selecting the winner, the two (2) dead-heated betting interests, irrespective of order, and the fourth-place betting interest shall share in a profit split.

      (6) If there is a dead heat for third, all wagering combinations correctly selecting the first two (2) finishers, in correct sequence, along with any two (2) of the betting interests involved in the dead heat for third shall share in a profit split.

      (7) If there is a dead heat for fourth, all wagering combinations correctly selecting the first three (3) finishers, in correct sequence, along with any interest involved in the dead heat for fourth, shall share in a profit split.

      (8) Superfecta wagering shall not be conducted on any race having fewer than six (6) separate betting interests. If fewer than six (6) horses start due to a late scratch or malfunction of the starting gate, Superfecta wagering shall be cancelled and the gross pool shall be refunded.

 

      Section 15. Super High-Five Pools. (1) The Super High-Five shall require selection of the first five (5) finishers, in their exact order, for a single race.

      (2) Unless otherwise stated, the net Super High-Five pool shall be distributed as a single-priced pool to those who have selected all five (5) finishers, in exact order, based upon the official order of finish.

      (3)(a) Each association shall disclose in its license application whether it intends to schedule Super High-Five wagering and, if so, shall disclose:

      1. The percentage of the pool to be retained for the winning wagers; and

      2. The designated amount of any cap to be set on the pool to be retained for the winning wagers.

      (b) Any subsequent changes to the Super High-Five scheduling shall require prior approval from the commission or its designee.

      (4) If there are no winning wagers selecting all five (5) finishers, in exact order, the entire Super High-Five pool shall be added to the carryover.

      (5) If due to a late scratch the number of betting interests in the Super High-Five pool is reduced to fewer than seven (7), the Super High-Five pool shall be cancelled and shall be refunded, except not the Super High-Five carryover pool.

      (6) If a betting interest in the Super High-Five pool is scratched from the race, there shall not be any more wagers accepted selecting that scratched runner and all tickets previously sold designating that horse shall be refunded and that money shall be deducted from the gross pool.

      (7) If any dead-heat occurs in any finishing position, all wagers selecting either of the runners finishing in a dead heat with the correct runners not finishing in a dead heat shall be winners and share the Super High-Five pool. Payouts shall be calculated by splitting the pool equally between each winning combination, then dividing each portion by the number of winning tickets.

      (8)(a) On the final day of a meeting, an association shall make a final distribution of all accumulated carryovers along with the net pool of the Super High-Five pool conducted on the final day of the meeting as a single price pool to:

      1. Individuals with tickets selecting the first five (5) finishers, in exact order, for the designated race, or, if there are not any of those wagers, to;

      2. Individuals with tickets selecting the first four (4) finishers, in exact order, for the designated race, or, if there are not any of those wagers, to;

      3. Individuals with tickets selecting the first three (3) finishers, in exact order, for the designated race, or, if there are not any of those wagers, to;

      4. Individuals with tickets selecting the first two (2) finishers, in exact order, for the designated race, or, if there are not any of those wagers, to;

      5. Individuals with tickets selecting the winner for the designated race, or, if there are not any of those wagers;

      6. All money wagered into the Super High-Five pool that day shall be refunded and any carryover shall be retained and added to the Super High-Five pool on the first racing day of the next meeting.

      (9) If, for any reason, the Super High-Five carryover shall be held over to the corresponding Super High-Five pool of a subsequent meeting, the carryover shall be deposited in an interest-bearing account approved by the commission. The Super High-Five carryover plus accrued interest shall then be added to the net Super High-Five pool of the following meeting on a date and performance approved by the commission.

 

      Section 16. Big Q Pools. (1) The Big Q shall require selection of the first two (2) finishers, irrespective of order, in each of two (2) designated races.

      (a) Each winning ticket for the first Big Q race shall be exchanged for a free ticket on the second Big Q race in order to remain eligible for the second half Big Q pool.

      (b) Exchange tickets shall be exchanged at attended ticket windows prior to the second race comprising the Big Q.

      (c) There shall not be a monetary reward for winning the first Big Q race.

      (d) Each of the designated Big Q races shall be included in only one (1) Big Q pool.

      (2) In the first Big Q race only, winning wagers shall be determined using the following precedence based on the official order of finish for the first Big Q race:

      (a) If a mutuel entry or mutuel field finishes as the first two (2) finishers, those who selected the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners, otherwise:

      (b) Individuals whose combination finished as the first two (2) betting interests shall be winners, except if there are not any of those wagers, then;

      (c) Individuals whose combination included either the first- or second-place finisher shall be winners, except if there are not any of those wagers on one (1) of the two (2) finishers, then;

      (d) Individuals whose combination included the one (1) covered betting interest included within the first two (2) finishers shall be winners, except if there are not any of those wagers, then;

      (e) The entire pool shall be refunded on Big Q wagers for that race.

      (3)(a) In the first Big Q race only, if there is a dead heat for first involving horses representing the same betting interest, individuals who selected the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners.

      (b) In the first Big Q race only, if there is a dead heat for first involving horses representing two (2) betting interests, the winning Big Q wagers shall be determined as if no dead heat occurred.

      (c) In the first Big Q race only, if there is a dead heat for first involving horses representing three (3) or more betting interests, individuals whose combination included any two (2) of the betting interests finishing in the dead heat shall be winners.

      (4) In the first Big Q race only, if there is a dead heat for second, the winners shall be those who combined the first place finisher with any of the runners involved in the dead heat for second.

      (5) In the second Big Q race only, the entire net Big Q pool shall be distributed to individuals in the following precedence based upon the official order of finish for the second Big Q race:

      (a) If a mutuel entry or mutuel field finishes as the first two (2) finishers, as a single price pool to individuals who selected the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish, otherwise;

      (b) As a single price pool to individuals whose combination finished as the first two (2) betting interests, except if there are not any of those wagers, then;

      (c) As a profit split to individuals whose combination included either the first- or second-place finisher, except if there are not any of those wagers on one (1) of those two (2) finishers, then;

      (d) As a single price pool to individuals whose combination included one (1) of the covered betting interests included within the first two (2) finishers, except if there are not any of those wagers, then;

      (e) As a single price pool to all exchange ticket holders for that race, except if there are not any of those wagers, then;

      (f) In accordance with subsection (2) of this section.

      (6)(a) In the second Big Q race only, if there is a dead heat for first involving horses representing the same betting interest, the net Big Q pool shall be distributed to individuals selecting the mutuel entry or mutuel field combined with the next separate betting interest in the official order of finish.

      (b) In the second Big Q race only, if there is a dead heat for first involving horses representing two (2) betting interests, the net Big Q pool shall be distributed as if no dead heat occurred.

      (c) In the second Big Q race only, if there is a dead heat for first involving horses representing three (3) or more betting interests, the net Big Q pool shall be distributed as a profit split to individuals whose combination included any two (2) of the betting interests finishing in the dead heat.

      (7) In the second Big Q race only, if there is a dead heat for second involving horses representing two (2) or more betting interests, the Big Q pool shall be distributed to individuals in the following precedence based upon the official order of finish:

      (a) As a profit split to individuals combining the winner with any of the betting interests involved in the dead heat for second, except if there is only one (1) covered combination, then;

      (b) As a single price pool to individuals combining the winner with the one (1) covered betting interest involved in the dead heat for second, except if there are not any of those wagers, then;

      (c) As a profit split to individuals combining the betting interests involved in the dead heat for second, except if there are not any of those wagers, then;

      (d) As a profit split to individuals whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second, then;

      (e) As a single price pool to all exchange ticket holders for that race, except if there are not any of those tickets, then;

      (f) In accordance with subsection (2) of this section.

      (8) If a winning ticket for the first half of the Big Q is not presented for exchange prior to the close of betting on the second half Big Q race, the ticket holder shall forfeit all rights to any distribution of the Big Q pool resulting from the outcome of the second race.

      (9) If a betting interest in the first half of the Big Q is scratched, the Big Q wagers including the scratched betting interest shall be refunded.

      (10)(a) If a betting interest in the second half of the Big Q is scratched, an immediate public announcement and immediate posting on the association’s video monitors and website concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest.

      (b) If tickets have not been exchanged prior to the close of betting for the second Big Q race, the ticket holder shall forfeit all rights to the Big Q pool.

      (11) If either of the Big Q races is cancelled prior to the first Big Q race, or the first Big Q race is declared "no contest," the entire Big Q pool shall be refunded on Big Q wagers for that race.

      (12) If the second Big Q race is cancelled or declared "no contest" after the conclusion of the first Big Q race, the net Big Q pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Big Q race and all valid exchange tickets. If there are not any of those wagers, the net Big Q pool shall be distributed as described in subsection (2) of this section.

 

      Section 17. Twin Trifecta Pools. (1) The Twin Trifecta requires the selection of the first three (3) finishers, in their exact order, in each of two (2) designated races.

      (a) Each winning ticket for the first Twin Trifecta race shall be exchanged for a free ticket on the second Twin Trifecta race in order to remain eligible for the second half Twin Trifecta pool.

      (b) The winning tickets may only be exchanged at attended ticket windows prior to the second Twin Trifecta race.

      (c) Winning first half Twin Trifecta wagers shall receive both an exchange and a monetary payout.

      (d) Both of the designated Twin Trifecta races shall be included in only one (1) Twin Trifecta pool.

      (2) After wagering closes for the first half of the Twin Trifecta, and the takeout has been deducted from the pool, the net pool shall then be divided into two (2) separate pools: the first half Twin Trifecta pool and the second half Twin Trifecta pool.

      (3) In the first Twin Trifecta race only, winning wagers shall be determined using the following precedence based upon the official order of finish for the first Twin Trifecta race:

      (a) As a single price pool to individuals whose combination finished in the correct sequence as the first three (3) betting interests, except if there are not any of those wagers, then;

      (b) As a single price pool to individuals whose combination included, in correct sequence, the first two (2) betting interests, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals whose combination correctly selected the first-place betting interest only, except if there are not any of those wagers, then;

      (d) The entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that race and Twin Trifecta wagering on the second half shall be cancelled.

      (4) Except as set forth in subsection (16) of this section, if no first half Twin Trifecta ticket selects the first three (3) finishers of that race in exact order:

      (a) Exchange tickets for the second half Twin Trifecta pool shall not be distributed; and

      (b) The second half Twin Trifecta pool shall be retained and added to any existing Twin Trifecta carryover pool.

      (5)(a) Tickets from the first half of the Twin Trifecta that correctly select the first three (3) finishers shall be exchanged for tickets selecting the first three (3) finishers of the second half of the Twin Trifecta.

      (b) The second half Twin Trifecta pool shall be distributed to individuals in the following precedence based upon the official order of finish for the second Twin Trifecta race:

      1. As a single price pool, including any existing carryover monies, to individuals whose combination finished in correct sequence as the first three (3) betting interests except if there are not any of those wagers, then;

      2. The entire second half Twin Trifecta pool for that race shall be added to any existing carryover monies and retained for the corresponding second half Twin Trifecta pool of the next consecutive performance.

      (c) If a winning first half Twin Trifecta ticket is not presented for cashing and exchange prior to the second half Twin Trifecta race, the ticket holder may still collect the monetary value associated with the first half Twin Trifecta pool except the ticket holder shall forfeit all rights to any distribution of the second half Twin Trifecta pool.

      (6) Mutuel entries and mutuel fields shall be prohibited in Twin Trifecta races.

      (7) If a betting entry in the first half of the Twin Trifecta is scratched, Twin Trifecta wagers including the scratched betting interest shall be refunded.

      (8)(a) If a betting interest in the second half of the Twin Trifecta is scratched, an immediate public announcement and immediate posting on the association’s video monitors and website concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest.

      (b) If tickets have not been exchanged prior to the close of betting for the second Twin Trifecta race, the ticket holder shall forfeit all rights to the second half Twin Trifecta pool.

      (9) If, due to a late scratch, the number of betting interests in the second half of the Twin Trifecta is reduced to fewer than the minimum, all exchange tickets and outstanding first half winning tickets shall be entitled to the second half pool for that race, except they shall not be entitled to the Twin Trifecta carryover.

      (10)(a) If there is a dead heat or multiple dead heats in either the first or second half of the Twin Trifecta, all Twin Trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be winning wagers.

      (b) If the dead heat occurs in the first half of the Twin Trifecta, the payout shall be calculated as a profit split.

      (c) If the dead heat occurs in the second half of the Twin Trifecta, the payout shall be calculated as a single price pool.

      (11) If the first Twin Trifecta race is canceled or declared "no contest", the entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that race and the second half shall be cancelled.

      (12)(a) If the second half Twin Trifecta race is cancelled or declared "no contest", all exchange tickets and outstanding first half winning Twin Trifecta tickets shall be entitled to the net Twin Trifecta pool for that race as a single price pool, except they shall not be entitled to the Twin Trifecta carryover.

      (b) If there are no outstanding first half winning Twin Trifecta tickets, the net Twin Trifecta pool shall be distributed as described in subsection (3) of this section.

      (13)(a) The Twin Trifecta carryover may be capped at a designated level approved by the commission so that if, at the close of any performance, the amount in the Twin Trifecta carryover equals or exceeds the designated cap, the Twin Trifecta carryover shall be frozen until it is won or distributed under the provisions of this administrative regulation.

      (b) After the Twin Trifecta carryover is frozen, 100 percent of the net Twin Trifecta pool for each individual race shall be distributed to winners of the first half of the twin Trifecta pool.

      (14) A written request for permission to distribute the Twin Trifecta carryover on a specific performance may be submitted to the commission. The request shall contain:

      (a) Justification for the distribution;

      (b) An explanation of the benefit to be derived; and

      (c) The intended date and performance for the distribution.

      (15) If the Twin Trifecta carryover is designated for distribution on a specified date and performance, the following precedence shall be followed in determining winning tickets for the second half of the Twin Trifecta after completion of the first half of the Twin Trifecta:

      (a) As a single price pool to individuals whose combination finished in correct sequence as the first three (3) betting interests, except if there are not any of those wagers, then;

      (b) As a single price pool to individuals whose combination included, in correct sequence, the first two (2) betting interests, except if there are not any of those wagers, then;

      (c) As a single price pool to individuals whose combination correctly selected the first-place betting interest only, except if there are not any of those wagers, then;

      (d) As a single price pool to holders of valid exchange tickets, except if there are not any of those wagers, then;

      (e) As a single price pool to holders of outstanding first half winning tickets.

      (16) For a performance designated to distribute the Twin Trifecta carryover, exchange tickets shall be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first half of the twin Trifecta.

      (a) If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place finishers.

      (b) If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, exchange tickets shall be issued for combinations correctly selecting only the first-place finisher.

      (c) If there are no wagers selecting the first-place finisher only in the first half of the Twin Trifecta, all first half tickets shall be winning tickets and shall be entitled to 100 percent of that performance’s net Twin Trifecta pool, and any existing Twin Trifecta carryover.

      (17) The Twin Trifecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

      (a) Upon written approval from the commission as provided in subsection (14) of this section;

      (b) Upon written approval from the commission if there is a change in the carryover cap or if the Twin Trifecta is discontinued; or

      (c) On the closing performance of the meeting or split meeting.

      (18) If, for any reason, the Twin Trifecta carryover shall be held over to the corresponding Twin Trifecta pool of a subsequent meeting, the carryover shall be deposited in an interest-bearing account approved by the commission. The Twin Trifecta carryover plus accrued interest shall then be added to the second half Twin Trifecta pool of the following meeting on a date and performance so approved by the commission.

      (19) Associations shall not provide information to any individual regarding covered combinations, the number of tickets sold, or the number of valid exchange tickets. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees from processing of pool data.

      (20)(a) Each association shall disclose in its license application whether it intends to schedule Twin-Trifecta wagering and, if so, shall disclose:

      1. The percentages of the net pool added to the first half pool and the second half pool; and

      2. The amount of any cap to be set on the carryover.

      (b) Any subsequent changes to the Twin Trifecta scheduling require prior approval from the commission or its designee. (37 Ky.R. 2318; 2575; eff. 6-3-11.)