N.Y. Comp. Codes R. & Regs. tit. 9 § 4410.2

Current through Register Vol. 46, No. 45, November 2, 2024
Section 4410.2 - Out-of-state double exacta
(a) The double exacta (or other approved name) is a form of pari-mutuel wagering conducted by an off-track betting corporation on out-of-state races. Each bettor selects, in order, the first and second placed horses in each of the two races designated and advertised by the corporation as the double exacta races. To win, except as hereinafter provided, a ticket must bear, in exact order, the first and second placed horses in each double exacta race as designated on the ticket. The double exacta pool shall be held entirely separate from all other pools and is no part of a daily double, exacta, triple or other wagering pool.
(b) Resale of double exacta tickets from one individual to another is prohibited, shall be grounds for ejection, and may be deemed illegal gambling.
(c) Races in which double exacta pools shall be conducted shall be approved by the commission and shall be clearly designated in the program and racing cards and mutuel tickets issued by the corporation.
(d) The design of double exacta tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets.
(e) Scratch.
(1) If a horse is scratched or declared a nonstarter in either of the two races designated as the double exacta races before the running of the first of those races, no further double exacta tickets may be issued designating such horse and all double exacta tickets previously issued designating such horse shall be refunded and the money deducted from the gross pool.
(2) Should any horse be scratched or declared a nonstarter in the second half of the double exacta after the first half of the double exacta has been raced, all tickets combining the scratched horse with the winning combination of the first half shall become consolation tickets and shall be paid at a price per dollar bet determined as follows: the net double exacta pool (gross pool less commission) shall be divided by the total purchase price of all double exacta tickets combining the winners of the first half of the double exacta, and the result obtained shall constitute the consolation prize to be paid per dollar bet. The total amount payable on consolation tickets shall be deducted from the net double exacta pool.
(f) Failure to select a winning combination.
(1) If no double exacta ticket is sold combining the winner and second place horse in order in the first half of the double exacta, all double exacta tickets designating the winner to win in the first half shall be considered a winning combination and shall be eligible for participation in the second half of the double exacta. In the event one horse only finishes and is declared winner, all double exacta tickets designating that horse to win in the first half shall be considered winning combinations and shall be eligible for participation in the second half of the double exacta.
(2) If no double exacta ticket is sold designating the winner of the first half of the double exacta to win, all double exacta tickets shall be eligible for participation in the second half.
(3) If the first half of the double exacta is cancelled or declared "no race", the double exacta shall be declared off and the gross pool refunded.
(4) If no double exacta ticket is sold combining the winner and second place horse in order in the second half of the double exacta, the net double exacta pool shall be distributed to holders of double exacta tickets designating the winning combination of the first half and the second half winner to win. If no double exacta ticket is sold designating the winning combination of the first half and the winner to win in the second half of the double exacta, the net pool shall be distributed as a win pool to holders of those tickets designating the winning combination of the first half of the double exacta.
(5) If for any reason, the second half of the double exacta races is cancelled or declared "no race", the net pool shall be distributed as in a win pool to holders of tickets designating the winning combination of the first half of the double exacta.
(g) Dead heats.
(1) In the event of a dead heat for win in the first half of the double exacta, all double exacta tickets designating the winners in any combination are eligible for participation in the second half of the double exacta pool in accordance with established pari-mutuel practice relative to dead heats in win pools.
(2) In the event of a dead heat for win in the second half of the double exacta, the double exacta pool shall be distributed to each combination of winners separately as in a win pool dead heat in accordance with established pari-mutuel practice relative to dead heats.
(3) In the event of a dead heat for place in the first half of the double exacta, all double exacta tickets combining the winner with each second place horse are eligible for participation in the second half of the double exacta pools in accordance with established pari-mutuel practice relative to dead heats in win pools.
(4) In the event of a dead heat for place in the second half of the double exacta, the double exacta pool shall be divided as in a win pool dead heat among holders of double exacta tickets combining the winner with each second place horse in accordance with established pari-mutuel practice relative to dead heats.
(h) 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 herein; provided, nevertheless, that if full distribution of the pool is made on the basis of outstanding tickets, the method of formulation announced by the corporation and upon which basis payments have been made shall be deemed conclusively correct and not subject to review.
(i) Coupled entries and fields for betting purposes shall not be allowed in the double exacta, and all horses, even if so coupled at the out-State track, shall be deemed separate betting interests by the corporation; provided, however, that such fact shall be advertised to the public in each betting facility.
(j) Copies of this section shall be made available free of charge to the public in each betting facility of the corporation.
(k) Placing of horses shall follow the official placing for betting purposes at the out-of-state track and such placing shall be conclusive for distribution purposes herein.
(l) Pools of all off-track betting corporations conducting a double exacta on the same races shall be combined into a single statewide pool for the calculation of odds and the determination of payouts which shall be uniform throughout the State.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4410.2