Sec. 09.10.01.76. Pick Three

A. Except as provided in §B of this regulation, the Pick Three is a form of pari-mutuel wagering in which each bettor selects the winning horse in each of three consecutive races designated by the Association.

B. With the approval of the Commission, an Association may offer Pick Three wagering on three stake races scheduled to be contested over not more than 2 consecutive days.

C. The Association may designate a wager described in §A or B of this regulation with the name "Pick Three" or another name, subject to the approval of the Commission.

D. The Pick Three pool:

(1) Shall be held entirely separate from all other pools;

(2) May not be part of a daily double, exacta, trifecta, or other wagering pool; and

(3) May not be a parlay.

E. The three races which constitute the Pick Three shall be clearly designated in the program or programs.

F. The Pick Three ticket shall be clearly distinguished from other pari-mutuel tickets with appropriate identification of the wager as a Pick Three wager printed on the ticket.

G. The Pick Three pari-mutuel pool shall be calculated as follows:

(1) The entire net amount in the Pick Three pari-mutuel pool shall be distributed, in the usual manner, among those holders of tickets who correctly picked on the same ticket the winner of each of the three races comprising the Pick Three;

(2) If no ticket is sold which:

(a) Correctly contains the winner of each of the three races comprising the Pick Three, the entire net amount in the Pick Three pari-mutuel pool shall be distributed, in the usual manner, among those holders of tickets who correctly picked on the same ticket the winner of any two of the three races comprising the Pick Three;

(b) Correctly contains at least the winner of two of the three races comprising the Pick Three, the entire net amount in the Pick Three pari-mutuel pool shall be distributed, in the usual manner, among those holders of tickets who correctly picked the winner of any one of the three races comprising the Pick Three; and

(c) Would require the distribution of the Pick Three pool under this regulation, the Association shall make a full and complete refund of the Pick Three pool.

H. Entries and Scratches.

(1) Those horses constituting an entry or a field, as defined within the regulations of the Commission, shall race in the races comprising the Pick Three as a single wagering interest for the purpose of the Pick Three pari-mutuel pool calculations and payouts to the public. A scratch, after wagering has begun, of any part of any entry or field selection in a race shall be of no effect with respect to the status of the entry or field, or both, as a viable wagering interest.

(2) If a Pick Three ticket designates as a selection to win in any one or more of the contests comprising the Pick Three, a single wagering interest which is scratched, excused, or determined by the stewards to be a nonstarter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start, will be substituted for the nonstarting selection for all purposes including pool calculations and payoffs, provided further that if the win pool for two or more favorites is identical, the selection shall be the lowest program number substituted for the nonstarting selection.

I. If, for any reason:

(1) A race of a Pick Three program is cancelled or declared "No Race", the Pick Three pool shall be distributed among the holders of tickets containing the most winning selections in the remaining races in accordance with §H of this regulation;

(2) Two or more races of the Pick Three are canceled or declared "No Race", all pari-mutuel tickets for that Pick Three pool shall be refunded;

(3) A race of the Pick Three is cancelled or declared "No Race" and there is a dead heat for win in one of the remaining races, notwithstanding the provisions of §J of this regulation, all the horses in the dead heat for win shall be considered as the winning horse in that race for the purpose of distributing the Pick Three pari-mutuel pool; or

(4) If one or more of the races comprising the Pick Three is a turf race and the race is switched from the turf to the main track after the close of wagering for the Pick Three, all selections in that race on a Pick Three pari-mutuel ticket shall be considered a winning selection.

J. If there is a dead-heat for win between two or more horses in any Pick Three race, the calculation for the purpose of distributing the net Pick Three pool is as follows:

(1) The net Pick Three pool, less the amount bet on the winning combinations, shall be divided by the number of winning combinations;

(2) Divide the quotient of §J(1) of this regulation by the amount bet on each winning combination;

(3) The $1 payoff price for a winning combination is $1 added to the quotient from §J(2) of this regulation for that winning combination, rounded to the next lowest integer in conformance with the breakage provision currently in effect.

K. A person may not disclose the number of tickets sold in the Pick Three pool or the amount of tickets selecting winners of Pick Three races before the time the stewards have declared the last Pick Three race on any given date "official".

L. A pari-mutuel ticket for the Pick Three pool may not be sold, exchanged, or cancelled after the close of wagering in the first of the three races comprising the Pick Three.

M. Pick Three Tickets.

(1) A validly issued Pick Three ticket timely surrendered to the Association by the legal holder of it shall be the only evidence of a person's participation in the Pick Three pari-mutuel pool.

(2) The acceptance of a Pick Three ticket by taking an issued ticket away from the window or terminal at which it is purchased shall constitute an acknowledgment by the purchaser of the correctness of the ticket.

(3) Each purchaser of a Pick Three ticket agrees to be bound by the terms and provisions of this and all other applicable Commission rules and regulations and by the laws of the State pertaining to pari-mutuel wagering.

(4) The Association, totalisator company, and the State may not be liable to a person for a:

(a) Ticket which is not a winning ticket in accordance with the provisions of this regulation; or

(b) Pick Three ticket not delivered for any reason, including but not limited to mechanical malfunction, electrical failure, machine locking, or other cause.

N. This regulation shall be prominently displayed through the betting area of each Association conducting a Pick Three wager.