462-200-0640 1-2-3 Pick N Pools (1) The 1-2-3 Pick N requires the selection of the first, second or third-place finisher in any order, in each of a designated number of contests, which may or may not run consecutively, and may involve contests at multiple tracks as officially posted. One “point” will be awarded for each successful selection in each of the designated contests. The race meet licensee must obtain written approval from the commission concerning the scheduling of 1-2-3 Pick N contests, the designation of one of the methods prescribed in Part (3), the distinctive name identifying the pool and the amount of any cap to be set on the carryover. Any changes to the approved 1-2-3 Pick N format require prior approval from the commission. (2) Contests selected for a 1-2-3 Pick N pool shall be comprised entirely of either horse races or greyhound races with a minimum of three starters, and shall not contain wagering interests combined as a “mutuel entry” or “mutuel field.” (3) The 1-2-3 Pick N pool shall be apportioned under one of the following methods: (a) Method 1, 1-2-3 Pick N with Carryover: The net 1-2-3 Pick N pool and carryover, if any, shall be distributed as a single price pool to those who amass the maximum number of points achievable in the 1-2-3 Pick N contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool shall be distributed as a single price pool to those who amass the greatest number of points in the 1-2-3 Pick N contests; and the remainder shall be added to the carryover. (b) Method 2, 1-2-3 Pick N with Minor Pool: The race meet licensee shall determine the number of Minor Pools, with prior approval from the commission. The major share of the net 1-2-3 Pick N pool shall be distributed to those who amass the greatest number of points in the 1-2-3 Pick N contests, based upon the official order of finish. The minor share(s) of the net 1-2-3 Pick N pool shall be distributed to those who amass the next greatest number of points of 1-2-3 Pick N contests, based upon the official order of finish, and so on until the approved number of Minor Pools has been reached. (4) If there is a dead heat for any position in any of the 1-2-3 Pick N contests, the 1-2-3 Pick N pool shall be distributed as a winning wager including each betting interest participating in the dead heat. (5) Should a betting interest in any of the 1-2-3 Pick N contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the host race meet licensee for the contest at the closing of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalizator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination. (6) The 1-2-3 Pick N pool shall be cancelled and all 1-2-3 Pick N wagers for the individual 1-2-3 Pick N pool shall be refunded if: (a) At least two contests included as part of a 1-2-3 Pick N with 3 contests are cancelled or declared "no contest." (b) At least three contests included as part of a 1-2-3 Pick N with 4, 5 or 6 contests are cancelled or declared "no contest." (c) At least four contests included as part of a 1-2-3 Pick N with 7, 8 or 9 contests are cancelled or declared "no contest." (d) 50% or more of the total contests included as part of a 1-2-3 Pick N with 10 or more contests are cancelled or declared "no contest." (7) If at least one contest included as part of a 1-2-3 Pick N is cancelled or declared "no contest," but not more than the number described in subsection (6) of this rule, the net pool shall be distributed in accordance with subsection (3) of this rule. Such distribution shall include the portion ordinarily retained for the 1-2-3 Pick N carryover but not the carryover from previous performances. (8) A written request for permission to distribute the 1-2-3 Pick N carryover on a specific performance may be submitted to the commission. The request must contain justification for the distribution, an explanation of the benefit derived, and the intended date and performance for the distribution. (9) Should the 1-2-3 Pick N carryover be designated for distribution on a specified date and performance in which no one amasses the maximum number of points achievable in the 1-2-3 Pick N contests, the entire pool shall be distributed as a single price pool to those who amass the greatest number of points in the 1-2-3 Pick N contests. The 1-2-3 Pick N carryover shall be designated for distribution on a specified date and performance under any of the following circumstances: (a) Upon written approval from the commission as provided in subsection (8) of this rule. (b) Upon written approval from the commission when the 1-2-3 Pick N wager is discontinued. (10) If, for any reason, the 1-2-3 Pick N carryover must be held over to the corresponding 1-2-3 Pick N of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the commission. The 1-2-3 Pick N carryover plus accrued interest shall then be added to the net 1-2-3 Pick N pool of the following meet on a date and performance so designated by the commission. (11) With the written approval of the commission, the race meet licensee may contribute to the 1-2-3 Pick N carryover a sum of money. (12) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining is strictly prohibited. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data. (13) The race meet licensee may suspend previously-approved 1-2-3 Pick N wagering with the prior approval of the commission. Any carryover shall be distributed in accordance with subsection (8) of this rule, or held until the suspended 1-2-3 Pick N wagering is reinstated. A race meet licensee may request approval of a 1-2-3 Pick N wager or separate wagering pool for specific performances. (14) Interpretation: (a) 1-2-3 Pick N shall be considered a form of interstate simulcast wagering. (b) In the event of any inconsistency between the provisions of this rule regarding 1-2-3 Pick N and the provisions of any other rule, the provisions of this rule shall control. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 4-2004, f. & cert. ef. 10-14-04