| (a) The fortune pick (n) wager 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 fortune pick (n) shall
be calculated as a separate pool.
(b) The fortune pick (n) pari-mutuel pool consists
of amounts contributed for a selection to win only in each of six,
seven, eight, nine, or 10races designated by the association. After
designating the number of races comprising the fortune pick (n), the
association may not change the number during a race meeting without
prior written approval of the executive director.
(c) Unique winning wager, as used in this section,
shall be defined as having occurred when the total amount wagered
on a winning combination selecting the first place finisher in each
of the selected fortune pick (n) contests, based upon the official
order of finish, is equal to the minimum allowable wager.
(d) Unique winning ticket, as used in this section,
shall be defined as having occurred when there is one and only one
ticket that correctly selected the first place finisher in each of
the selected fortune pick (n) contests, based on the official order
of finish, to be verified by the unique serial number assigned by
the totalisator system that issued the winning ticket.
(e) A person purchasing a fortune pick (n) ticket shall
designate the winning animal in each of the races comprising the fortune
pick (n). The association shall issue to the purchaser of a fortune
pick (n) ticket a ticket that reflects each of the purchaser's selections.
(f) A fortune pick (n) ticket is a contract between
the holder of the ticket and the association and the ticket constitutes
acceptance of this section. The association, totalisator company,
and the State of Texas are not liable to a person for a fortune pick
(n) ticket that is not a winning ticket under this section or for
a fortune pick (n) ticket that is not delivered.
(g) A coupled entry or mutuel field in a race that
is part of the fortunate pick (n) races shall race as a single betting
interest for the purpose of mutuel pool calculations and payoffs to
the public.
(h) The fortune pick (n) pool shall be distributed
as provided by this section. The net pool in the fortune pick (n)
pool is divided into a major pool and a minor pool. The association
may designate the major pool percentage of the net amount wagered
on the fortune pick (n). The remaining percentage constitutes the
minor pool. The association shall notify the executive director in
writing before the beginning of each race meeting of its designation
regarding the division between the major and minor pools. After designating
the division between the major and minor pools, an association may
not change the division during a race meeting without prior written
approval of the executive director.
(i) Prior to the start of a race meet at which an association
will offer a fortune pick (n) wager, the association shall notify
the executive director of its election to require a unique winning
wager or a unique winning ticket, along with any specifics within
that option for which it seeks approval. The association may not change
fortune pick (n) options for the meet once testing has been performed
based on those selections.
(j) The entire net fortune pick (n) pool and carryover,
if any, shall be distributed to the holder of a unique winning wager
or unique winning ticket, as appropriate depending on the association's
election in subsection (i) of this section. If there is no unique
winning wager or unique winning ticket, as appropriate based on the
association's election, the minor share of the net fortune pick (n)
pool shall, at the discretion of the association and with the prior
approval of the executive director, be distributed either as a single
price pool to those who selected the first place finisher in the greatest
number of fortune pick (n) contests or as a single price pool to those
who selected the first-place finisher in all of the pick (n) contests,
based on the official order of finish, and the major share shall be
added to the carryover.
(k) If the fortune pick (n) minor pool cannot be distributed
in accordance with subsection (j) of this section, the minor pool
shall be combined with the major pool and added to the previous day's
carryover. The entire pool plus carryover shall be carried forward
to the next fortune pick (n) pool.
(l) If the association elects to designate the major
pool at one hundred percent (100%) and the minor pool at zero percent
(0%), the entire net fortune pick (n) pool and carryover, if any,
shall be distributed to the holder of a unique winning wager or unique
winning ticket, as appropriate based on the association's election
in subsection (i) of this section. If there is no unique winning wager
or unique winning ticket, as appropriate, the entire pool shall be
combined with the previous day's carryover. The entire pool plus carryover
shall be carried forward to the next fortune pick (n) pool.
(m) If there is a dead heat for first in any of the
fortune pick (n) contests involving:
(1) contestants representing the same betting interest,
the fortune pick (n) pool shall be distributed as if no dead heat
occurred.
(2) contestants representing two or more betting interests,
the fortune pick (n) pool shall be distributed as a single price pool
with each unique winning wager receiving an equal share of the profit.
(n) Should a betting interest in any of the fortune
pick (n) contests be scratched, excused, or determined to be a non-starter,
the actual favorite, as shown by the largest amount wagered in the
win pool at the time of the start of the race, will be substituted
for the non-starting selection for all purposes, including pool calculations
and payoffs. If there are two or more favorites in the win pool, both
favorites will be substituted for the non-starting selection.
(o) Except as otherwise provided by this subsection,
if one or more races in the fortune pick (n) are canceled or declared
a "no race", the amount contributed to the major pool for that performance
shall be added to the minor pool for that performance and distributed
as an extra amount in the minor pool to the holders of the tickets
that designate the most winners in the remaining races. All contributions
to the major pool from prior performances shall remain in the major
pool, to be carried forward to the next performance to be paid in
the major pool for that performance. If the stewards or racing judges
cancel or declare a "no race" in three or more of the races comprising
a fortune pick six, seven, or eight, four or more of the races comprising
the fortune pick nine, or five or more of the races comprising the
fortune pick 10, the fortune pick (n) is canceled and the association
shall refund all fortune pick (n) tickets. A person may not win the
major pool unless the person holds a fortune pick (n) ticket that
correctly designates the official winners of all the scheduled races
comprising the fortune pick (n) for that performance unless it is
on the last performance of the race meeting or a designated mandatory
payout performance. On the last performance of a race meeting or on
a designated mandatory payout performance, if one or more races comprising
the fortune pick (n) is canceled or declared a "no race", the major
pool and the minor pool for that performance shall be combined with
the prior performance major pool and be paid to those holders of tickets
who correctly designated the most winners of the remaining races of
the fortune pick (n). If on the last performance of the race meeting
or on a designated mandatory payout performance the major pool and
the minor pool cannot be distributed in accordance with this subsection,
then the major and minor pool shall be handled in accordance with
subsection (q) of the section.
(p) When the condition of the turf course warrants
a change of racing surface in any of the races open to fortune pick
(n) wagering, and such change has not been made known to the betting
public prior to the close of wagering for the first fortune pick (n)
race, the Stewards shall declare the changed races a "no contest"
for fortune pick (n) wagering purposes and the pool shall be distributed
in accordance with subsection (n) of this section. Following the designation
of a race as a "no contest", no tickets shall be sold selecting a
horse in such "no contest" race.
(q) If on the last performance of the race meeting
or on a designated mandatory payout performance the major pool is
not distributable under any previous subsection of this section, the
major pool and all money carried forward into that pool from previous
performances shall be combined with the minor pool and distributed
to the holders of tickets correctly designating the most winners of
the races comprising the fortune pick (n) for that performance.
Cont'd... |
