Sec. 09.10.02.60. Ocean High Five

A. The Ocean High Five is a contract by the purchaser of a ticket combining five horses to finish first, second, third, fourth, and fifth, in that specific order, in a race on which Ocean High Five wagering is offered. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted.

B. The Ocean High Five is not a parlay and has no connection with, or relation to, any other wagering pool. The Ocean High Five shall be calculated as an entirely separate pool.

C. Subject to Commission approval, the racing association shall establish the minimum amount for a bet on Ocean High Five tickets.

D. Ocean High Five wagering may be conducted on a race that has at least seven separate wagering interests.

E. If there is no pari-mutuel ticket issued that selects the first five finishers in exact order, then the entire net pool shall be:

(1) Carried over to the next qualifying race offering Ocean High Five wagering; and

(2) Combined with the Ocean High Five net pool for that race to determine the applicable payout.

F. Distribution.

(1) The entire Ocean High Five net pool plus any carryover shall be distributed on the last day of the race meet by the racing association, which shall hold Ocean High Five wagering on one race that day.

(2) If a ticket is not sold that correctly selects five horses to finish first, second, third, fourth, and fifth, in that specific order, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select four horses to finish first, second, third, and fourth, in that specific order.

(3) If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select three horses to finish first, second, and third, in that specific order.

(4) If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select two horses to finish first and second, in that specific order.

(5) If no such ticket is sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select the winner of the race.

(6) If no such ticket is sold, the entire net pool plus any carryover shall be evenly distributed to the holders of tickets containing any of the finishers.

G. If, for any reason, there is not a mandatory distribution of the Ocean High Five carryover as provided in §F of this regulation, the Ocean High Five carryover shall be:

(1) Placed into an interest bearing account as approved by the Commission; and

(2) With accrued interest, added to the Ocean High Five pool of the next race meet held by a racing association where Ocean High Five wagering is conducted, unless otherwise agreed by that racing association and the racing association where the Ocean High Five pool carryover was generated.

H. If a dead heat, or heats, occur in a race on which there is Ocean High Five wagering:

(1) A horse in a dead heat shall be considered as finishing in the position for which it dead heated; and

(2) Any selection in an Ocean High Five wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection.

I. In the event of a scratch in an Ocean High Five race:

(1) Exchanges may not be made; and

(2) All tickets that include the scratched horse shall be refunded.

J. Coupled entries are permitted, but fields are prohibited in Ocean High Five races.

K. For price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example: If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4 / 5, then the finishers used for that race in the Ocean High Five would be 1 / 2 / 3 / 4 / 5.

L. Sale.

(1) Ocean High Five tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket.

(2) Resale of tickets from one individual to another is prohibited and is grounds for ejection.

M. This regulation shall be printed in heavy type in a conspicuous place in the program or prominently posted near the betting windows of any association conducting this type of wager.