N.Y. Comp. Codes R. & Regs. tit. 9 § 4011.26

Current through Register Vol. 46, No. 25, June 18, 2024

Section 4011.26 - Pick-six pools

(a) A winning pick-six wager requires selection of the first-place finisher in each of six designated, consecutive contests, unless otherwise provided in this section. The association or corporation must obtain written approval from the commission concerning the scheduling of pick-six contests, the designation of the method used and the amount of any cap to be set on the carryover. Any changes to the approved pick-six format require prior approval from the commission.

(b) The pick-six wager is not a parlay and has no connection or relation to the other betting pools for the respective races. The pick-six pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, quinella, trifecta, superfecta or other wagering pool.

(c) Resale of pick-six tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.

(d) Races in which pick-six pools shall be conducted shall be clearly designated in the program and racing cards issued by the association or corporation.

(e) The design of the pick-six tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.

(f)Scratched horses and nonstarters. Should a programmed starter be scratched or declared a nonstarter in any pick-six race before the start of the first pick-six race, affected bettors may select another betting interest, if a wager can be canceled and a replacement wager issued before the start of the first pick-six race, or may obtain a cancellation of the wager issued before the start of the first race of the pick-six sequence. If neither option is exercised, then wagers upon such scratched or declared nonstarter shall be deemed wagers upon the designated horse for such race. The designated horse means the betting entry or field upon which the most wagering money has been registered at the track in the win pool at the close of win-pool betting for such race. (In the event of a money tie, the tied betting entry or field with the lowest program number shall be designated.) At any time after wagering begins on the pick-six pool, should an entire betting entry or field be scratched or declared a nonstarter in any pick-six race, no further tickets selecting such betting entry or field shall be issued, and wagers upon such betting entry or field, for purposes of the pick-six pool, shall be deemed wagers upon the designated horse. Wagers in the pick-six pool upon an entry or field of horses from which a starter or starters may have been scratched will, in the case of such entry or field, be deemed wagers upon the horse or horses remaining in such entry or field, except at tracks with totalisator capability to record wagers selecting a coupled entry (or field) and wagers selecting any individual constituent horses therein (merging such wagers for odds display and payoff purposes), in which case, the wagers upon scratched constituent horses will be deemed wagers upon the designated horse in such race. In case no starter remains representing any betting entry or field, wagers upon such entry or field shall be deemed wagers upon the designated horse in the race affected by the scratch. Should the balance of a betting entry or field race as a nonbetting starter for purposes of other pari-mutuel pools, as provided in sections 4009.20 and 4009.21 of this Article, wagers upon such entry or field shall be deemed wagers upon the designated horse for such race.

(g)Wagering Tickets and Winners. If neither subdivision (h) nor subdivision (i) of this section applies:

(1) The pick-six pool shall be apportioned as follows: 75 percent of the resulting pick-six net pool for the day shall be distributed, less breaks, to the holders of wagers selecting the winners of all six designated races in the pool, or to the holders of the wagers selecting the winners of the designated races with no more than three all-win races, and no other races are cancelled in the pick-six sequence or races, and 25 percent of such net pool shall be distributed to the holders of the wagers selecting the most winners.

(2) Should there be no wager selecting winners of all six designated races, or to the holders of wagers selecting the winners of the designated races with no more than three "all win" events, then 25 percent of the net pool shall be distributed, less breaks, to the holders of wagers selecting the winners of the most pick-six races, and the 75 percent of the net pool reserved for holders of wagers selecting six winners, or to the holders of wagers selecting the winners of the designated races with no more than three all-win races, then 25 percent of the net pool shall be distributed, less breaks, to the holders of wagers selecting the winners of the most pick-six races, and the 75 percent of the net pool reserved for holders of wagers selecting six winners, or to the holders of wagers selecting the winners of the designated races with no more than three all win races shall be carried over and added to and distributed with the 75-percent net pool share of the next pick-six pool in which a wager correctly selects the winners of all six designated pick-six races, or five winners and no more than one all-win race. 75-percent-net-pool share and any carry-overs distributable when a wager correctly selects winners of all six designated races, or five winners and no more than one all-win race of a pick-six pool, there shall be distributed by the track operator from its own funds, upon such occurrence, any amounts it has advertised that it will add to the total distribution, or any amounts necessary to yield an advertised guaranteed total distribution.

(h)Race cancellations . Except for pick-six pools in which an intermediate or final distribution is to be made, should one or more pick-six races be cancelled or declared no race or non-betting, no carry-overs from prior pick-six pools, advertised guaranteed amounts nor advertised added amounts will be distributed to winners in such day's pick-six pool; and

(1) if more than three such races are contested, 75 percent of that program's net pool shall be distributed, less breaks, to holders of wagers upon the winners of all the contested pick-six races and 25 percent of such program's net pool shall be distributed to the holders of wagers selecting the next most winners; should no wager select the winners of all the contested pick-six races , 25 percent of the net pool shall be distributed, less breaks, to the holders of wagers selecting the most winners of the contested pick-six races and 75 percent of such program's net pool shall be carried over as elsewhere provided in this section;

(2) if three or fewer such races are contested, then the entire pool for such program shall be refunded; and

(3) if any of the designated races are canceled or declared no race or non-betting before the first pick-six race is made official, then the pick-six pool shall be declared off and the gross pool refunded.

(i)Surface transfers. When the condition of a turf course warrants a change of racing surface to a non-turf course in any of the pick-six races, and such change has not been known to the public before the close of wagering for the pick-six pool, then such changed race shall be deemed an all win race for pick-six wagering purposes. An all win race means the winning horse of that race is assigned to each pick-six bettor as such bettor's selection for that race. Except for pick-six pools in which an intermediate or final distribution is to be made, a pick-six sequence with surface transfer(s) shall be handled as follows:

(1) If there is one surface transfer race in the pick-six sequence of designated races combined with the winners of the five other designated races, 75 percent of such program's net pool, less breaks, and any carryovers, advertised guaranteed amounts or advertised added amounts, shall be distributed to the holders of such wagers, and 25 percent of such program's net pool shall be distributed, less breaks, to the holders of wagers selecting the next most winners; should no wager include the winners of all five non-surface transfer races in the pick-six sequence, 25 percent of such net pool shall be distributed, less breaks, to the holders of wagers selecting the most winners of the non-surface transfer races in the pick-six sequence, and 75 percent of such program's net pool shall be carried over as elsewhere provided in this section for subsequent distribution.

(2) If there are two or three surface transfer races in the pick-six sequence, no carryovers from prior pick-six pools, advertised guaranteed amount or advertised added amounts will be distributed to winners in such day's pick-six pool, and 75 percent of such program's net pool shall be distributed, less breaks, to holders of wagers selecting the winners of all non-surface transfer races in the pick-six sequence, and 25 percent of such program's net pool shall be distributed, less breaks, to holders of wagers selecting the next most winners; should no wager include the winners of all the non-surface-transfer races in the pick-six sequence, 25 percent of such net pool shall be distributed, less breaks, to the holders of wagers selecting the most winners of the non-surface-transfer races in the pick-six sequence, and 75 percent of such program's net pool shall be carried over as elsewhere provided in this section for subsequent distribution.

(3) If there are more than three surface transfer races in the pick-six sequence, no carry-overs from prior pick-six pools, advertised guaranteed amounts or advertised added amounts will be distributed to winners in such day's pick-six pool, and 25-percent of that program's net pool shall be distributed, less breaks, to holders of wagers selecting the winners of the most non-surface-transfer races in the pick-six sequence, and 75 percent of such program's net pool shall be carried over as elsewhere provided in this section for subsequent distribution.

(4) If there are one or more surface transfer races in the pick-six sequence, and there are no wagers selecting the winner(s) of at least one of the non-surface transfer races, the entire pool for such program shall be refunded; in the event there is a final distribution or intermediate distribution scheduled, and no further programs are conducted at the meeting, the commission shall require that a pick-six pool be conducted on the first program of the next race meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. The commission may also order a final distribution for an earlier time in the commission's discretion.

(j)Dead heats. Each horse in a dead heat for win shall be considered the winner, and no allocations among wagers shall be made as a result thereof, unlike the practice in a pari-mutuel win pool. The payoff price per dollar shall be the same for each class of winning wager.

(k)Carryovers. Carryovers from prior pick-six pools, advertised guaranteed amounts or advertised added amounts will be distributed to winners in such day's pick-six pools, provided that there is no more than one all win race and no other races are cancelled in the pick-six sequence.

(l)Intermediate distributions. Prior to the last two weeks of a race meeting at a track, a date and program approved by the commission may be announced by the track operator at which (provided no one thereafter correctly selects the winners of all six designated races, or five winners and no more than one all-win race of a pick-six pool through such program) accumulated carryovers in an amount announced by the track operator will be added to the 25 percent of the net pool distributable to wagers selecting the winners of the most races of the pick-six pool conducted on such program if no one correctly selects all six winners, or five winners and no more than one all-win. The balance of undistributed carry-overs above such announced amount, plus any carry-over from such program, shall in turn carry over for distribution with subsequent pick-six pools conducted by such track operator at such track. An intermediate distribution may also be directed at any time, upon three days' notice by the commission, of such portion or all of the accumulated carry-over money as may be directed by the commission.

(m)Final distribution. The track shall select, with the approval of the commission, a date and program during the final week of the annual assigned racing dates of the track operator, and also during the year during the final week of a meeting at a track after which such track operator will operate at another track, when there shall be a final distribution of all accumulated carry-overs together with 75 percent of the net pool of the pick-six pool conducted during such program to the holders of wagers selecting the winners of the most pick-six races contested during such program, and 25 percent of such net pool shall be distributed to the holders of the remaining wagers selecting the next most winners, except that, if only one, two or three such races are conducted, then all accumulated carry-overs and the entire net pool shall be distributed to the holders of wagers selecting the most winners of such races. Thereafter, no pick-six pools will be conducted during such week. In the event that all pick-six races on the program designated for final distribution are cancelled, or the pick-six pool is refunded, and no further programs are conducted at the meeting, the commission shall require that a pick-six pool be conducted on the first program of the next race meeting conducted at such track by such track operator to provide for final distribution for such prior meeting. The commission may also order a final distribution for an earlier time in the commission's discretion.

(n) The association or corporation may suspend previously approved pick-six wagering with the prior approval of the commission. Any carryover shall be held until the-suspended pick-six wagering is reinstated. An association or corporation may request approval of a pick-six wager or separate wagering pool for specific performances.

(o) Reserved.

(p) In the event of occurrences not encompassed within the explicit provisions of this section, distribution shall be formulated on the basis of established pari-mutuel practice and in accordance with the distribution philosophy set forth in this section; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, then the method of formulation announced by the track and the basis upon which payments have been made shall be deemed conclusively correct and not subject to review.

(q)Posting of winning combinations. Every pick-six wagering combination entitled to a payoff shall be posted publicly by the track operator together with the payoff price .

(r)Non-transferability. Pick-six tickets shall be nontransferable, and violations of this subdivision may lead to confiscation and cancellation of such tickets in addition to other disciplinary action.

(s)Betting information. A racing association may display publicly information in regard to combinations wagered upon, amounts wagered on such combinations, numbers of tickets sold or number of tickets still capable of winning a pick-six pool. The operation of the totalisator equipment and reports generated thereby shall be subject to the strict supervision of the commission.

(t)No reduction in guaranteed distributions. Advertised added monies or minimum distributions shall not apply to intermediate or final distributions, unless a wager correctly selects winners of all six designated races, or five winners and no more than one all-win of the pick-six pool. A guaranteed minimum distribution or guaranteed added money amount, once advertised, may not be reduced and shall continue to be guaranteed by the track operator for every pick-six pool for the balance of the meeting.

(u)Interfacing of off-track wagers. Interfacing of off-track wagers shall be accomplished according to procedures approved by the commission. In the event there is a failure to interface all such wagers with on-track wagers in accordance with such procedures, the procedure for distribution of the pool and computation of payoff prices shall be approved by the commission.

(v)Trust funds. Carry-over monies shall be held in a separate account in trust by track operators for the benefit of participants in pick-six pools until distributed.

(w)Seed money or insurance allocation. Except where the established takeout is higher than the prevailing takeout established for non-carryover days, a percentage designated by the track operator and approved by the commission, not exceeding two percent of the total daily pick-six pool wagering, shall be held apart by the track operator from the takeout of each pick-six pool to reimburse such track operator for the cost of any insurance it may secure to guarantee minimum distributions to winners of such pools, or to reimburse a track operator for funds such track operator expends for added money or guaranteed minimum distributions to winners of such pools. Any accumulation of such allocations not necessary to reimburse a track for expenditures actually incurred for such purposes shall be added to the amounts distributable in the pool designated for final distribution for the meeting.

(x) Copies of this section shall be made available free of charge by the track to the public in the public betting area of the track.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4011.26

Amended and renumbered from 4011.23 New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff.7/22/2016

Amended New York State Register August 7, 2019/Volume XLI, Issue 32, eff. 8/7/2019

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020