16 Tex. Admin. Code § 321.321 - Fortune Pick (n)
(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 10 races 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.
(r) If the final or designated mandatory
payoff performance is canceled or the pool has not been distributed in
accordance with this section, the pool shall be deposited in an
interest-bearing account approved by the executive director. The pool plus all
accrued interest shall then be carried over and added to a fortune pick (n)
pool with the same number of (n) contests 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 director. The designation of the
date and performance must be made prior to the start of the association's next
live racing meet.
(s) Except for
refunds required by this section, a fortune pick (n) ticket may not be sold,
exchanged, or canceled after the close of wagering on the first of the fortune
pick (n) races.
(t) A person may
not disclose the number of tickets sold in the fortune pick (n) pool or the
number or amount of tickets selecting winners of the races comprising the
fortune pick (n) until the results of the last race comprising the fortune pick
(n) are official. The totalisator equipment shall be programmed or constructed
to suppress the publication or printing of any such information, except the
total number of dollars wagered in the fortune pick (n), until the results of
the last race comprising the fortune pick (n) are official.
Notes
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