| (a) The super hi-five is not a parlay and has no connection
with or relation to the win, place, and show pools shown on the tote
board. All tickets on the super hi-five shall be calculated as a separate
pool.
(b) A person purchasing a super hi-five ticket shall
select the five animals that will finish first, second, third, fourth,
and fifth in one race. The pool shall be distributed only to the holders
of tickets who select the same order of finish as officially posted.
(c) If no super hi-five ticket is sold for the winning
combination, then the net pool shall be carried over and paid out
in the following manner:
(1) The entire pool shall be carried over and made
available on the next consecutive super hi-five pool, and is combined
with and added to the net pool for such qualifying pool, and made
available for payout, or
(2) An association can, at its option, offer a consolation
pool equal to 25% of the net pool. The offering of a consolation pool
shall be announced at least 72 hours in advance of the first day upon
which a consolation pool will be offered, and shall be publicized.
Notice of the consolation pool may be announced, by way of example,
via press release, internet, simulcast signal, and on-track announcements.
(3) If there are no ticket holders who selected first-place,
second-place, third-place, fourth-place, and fifth-place finishers
in order and a consolation pool is offered, then a consolation pool
shall be established. The consolation pool shall be distributed as
a single price pool among those ticket holders and paid out as follows:
(A) To those who selected first-place, second-place,
third-place, and fourth-place finishers in order. If there are no
such wagers, then
(B) To those who selected first-place, second-place,
and third-place finishers in order. If there are no such wagers, then
(C) To those who selected first-place and second-place
finishers in order. If there are no such wagers, then
(D) To those who selected the first-place finishers.
(E) If the super hi-five pool cannot otherwise be distributed
in accordance with this section, the money in the super hi-five consolation
pool shall be carried forward to the next consecutive super hi-five
pool.
(d) Unique winning wager option.
(1) Unique winning wager, as used in this subsection,
shall be defined as having occurred when there is one and only one
winning wager whose combination finished in correct sequence as the
first five betting interests based upon the official order of finish
and is equal to the minimum allowable wager. In the event that there
is more than one winning wager whose combination finished in correct
sequence as the first five betting interests, a unique winning wager
shall be deemed to not have occurred.
(2) If an association elects to offer the unique winning
wager option, the net super hi-five pool shall be distributed to winning
wagers in the following order of precedence, based on the official
order of finish:
(A) as a single price pool, including any applicable
carryover, to the holder of a unique winning wager whose combination
finished in correct sequence as the first five betting interests,
but if there is no such unique winning wager, then
(B) the net pool shall be divided into two separate
pools. The major pool of the net pool shall be paid as a carryover
into the next regularly scheduled super hi-five pool. The remaining
minor pool shall be paid as a super hi-five consolation pool, which
shall be equally divided among those wager holders who correctly select
the first five interests in order, but if there are no such wagers,
then
(C) the entire net pool shall be carried over into
the next regularly scheduled super hi-five pool.
(3) The association shall specify the minimum monetary
amount of a unique winning wager with prior approval of the executive
secretary.
(4) Prior to the start of the race meet, the association
shall specify the percentages for a major and minor pool with prior
approval of the executive secretary.
(5) A written request to distribute the super hi-five
pool plus any carryover on a specific date and performance may be
submitted by the association to the executive secretary for approval.
The request must be for a specified date no greater than one year
from the date the request is submitted and contain justification for
the distribution, an explanation of the benefit to be derived, and
the intended date and performance for the distribution. Should the
super hi-five net pool and any applicable carryover be designated
for distribution on a specified date and performance in which there
is no unique winning wager, the entire pool shall be distributed using
the method described in subsection (i) of this section.
(6) Unless otherwise stated in writing by the Commission
under paragraph (5) of this subsection, on the last super hi-five
race on the final day of the meeting, the net pool, including any
applicable carryover, shall be distributed using the method described
in subsection (i) of this section.
(e) The minimum number of wagering interests required
to offer super hi-five wagering in a race shall be seven actual starters.
If scratches cause the number of horses in a race to fall below seven,
then the super hi-five pool for that race shall be canceled.
(f) Super hi-five wagers on races in which wagering
has been canceled or the race declared no contest shall be refunded.
Any carryover pool added to the net pool of a super hi-five race which
is canceled shall carry forward to be added to the next consecutive
super hi-five wagering pool.
(g) If fewer than five animals finish and the race
is declared official by the stewards or judges, payout shall be made
to ticket holders selecting the finishing animals in order of finish
as provided above, disregarding any selections beyond the number of
betting interests.
(h) In the event of a dead heat in any finishing position,
the wagers shall be paid as follows:
(1) all wagers selecting either of the dead-heat positions
with the correct non-dead-heat position shall be winners and share
in the pool; and
(2) payouts will be calculated by splitting the pool
equally between each winning combination, then dividing split pools
by the number of winning tickets. A dead heat will produce separate
and distinct payouts respective to each winning combination.
(i) If on the final day of a race meeting or on a designated
mandatory payout date the pool has not been distributed under subsection
(b), (c), or (d) of this section, then the net pool for that performance
plus any carryover from previous performances shall be paid out in
the following manner:
(1) To those who selected first-place, second-place,
third-place, and fourth-place finishers in order. If there are no
such wagers, then
(2) To those who selected first-place, second-place,
and third-place finishers in order. If there are no such wagers, then
(3) To those who selected first-place and second-place
finishers in order. If there are no such wagers, then
(4) To those who selected the first-place finisher.
(j) If the final or designated mandatory payoff performance
is canceled or the pool has not been distributed under subsection
(i) of this section, the pool shall be deposited in an interest-bearing
account approved by the executive secretary. The pool plus all accrued
interest shall then be carried over and added to a super hi-five pari-mutuel
pool in a subsequent race meeting within the following twelve months,
on a date and performance designated by the association with the approval
of the executive secretary. The designation of the date and performance
must be made prior to the start of the association's next live racing
meet.
(k) If an animal is scratched or declared a nonstarter,
no further tickets may be issued designating such animal and all super
hi-five tickets previously issued designating such animal shall be
refunded and the money deducted from the gross super hi-five pool.
(l) For purposes of statutory deductions and commissions,
the net amount does not include any amounts carried over from any
previous super hi-five pool.
(m) The association may select a distinctive name for
the super hi-five, with prior approval of the executive secretary.
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