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PA Bulletin, Doc. No. 19-1426

NOTICES

DEPARTMENT OF REVENUE

Pennsylvania Derby Cash Horse Racing Xpress Sports Game Terminal-Based Lottery Game

[49 Pa.B. 5525]
[Saturday, September 21, 2019]

 Under the State Lottery Law (72 P.S. §§ 3761-101—3761-314) and 61 Pa. Code § 875.4 (relating to notice of terminal-based lottery game rules), the Secretary of Revenue hereby provides public notice of the rules for the following terminal-based lottery game:

 1. Name: The name of the terminal-based Xpress Sports game is Pennsylvania Derby Cash Horse Racing (hereinafter ''Derby Cash''). The game will commence at the discretion of the Secretary and will continue until the Secretary publicly announces a suspension or termination date.

 2. Effective date: Effective for ticket sales occurring on or after September 24, 2019, the Derby Cash game will be operated in accordance with the terminal-based lottery game regulations at 61 Pa. Code §§ 875.1—875.17 and this game notice will continue until the Secretary publicly announces a suspension or termination date.

 3. Price: The price of a Derby Cash ticket is based on the amount a player wagers for the selected play on the ticket. The minimum wager is $1 per ticket. Players can wager up to $20 per play, per drawing. A ticket may include more than one play.

 (a) Win, Place and Show: To determine the cost of a ticket for a Win, Place or Show play type, the player shall multiply the wager amount times the number of consecutive races selected and the number of horses selected. For example, if the player wagers $1 on the Win play type, selects two consecutive races and selects the number 1, 2 and 3 horses, then the total cost of the wager is $6.

 (b) Quinella: To determine the cost of a ticket for the Quinella play type, the player shall multiply the wager amount times the number of consecutive races selected. For example, if the player wagers $1 and selects two consecutive races, the total cost of the wager is $2.

 (c) Exacta, Trifecta and Superfecta: To determine the cost of a ticket for an Exacta, Trifecta or Superfecta play type, the player shall multiply the wager amount times the number of consecutive races selected. For example, if the player wagers $1 on the Trifecta play type and selects two consecutive races, the total cost of the wager is $2.

 (d) Exacta Box or Wheel, Trifecta Box or Wheel and Superfecta Box or Wheel:  To determine the cost of a ticket for an Exacta, Trifecta or Superfecta Box or Wheel play types, the player shall multiply the wager amount times the number of consecutive races and the number of all possible horse combinations for the play type selected.

 (i) Example 1: If the player selects an Exacta Box play type, wagers $1, selects two consecutive races and selects the 1 and 2 horses (with possible outcomes of 1-2 and 2-1), the total cost of the wager is $4. If the player selects the same wager, but selects the 1, 2 and 3 horses (with six possible outcomes of 1-2, 2-1, 1-3, 3-1, 2-3 and 3-2) and the total cost of the wager is $12.

 (ii) Example 2: If the player selects a Trifecta Box play type, wagers $0.50, selects two consecutive races and selects the 1, 2 and 3 horses (with six possible outcomes of 1-2-3, 1-3-2, 2-1-3, 2-3-1, 3-1-2 and 3-2-1) the total cost of the wager is $6. If the player selects the same play type and wager amount, but selects four consecutive races and selects the 1, 2, 3 and 4 horses (for which there are 24 possible combinations) and the total cost of the wager is $48.

 (iii) Example 3: If the player selects a Superfecta Box play type, wagers $0.10, selects two consecutive races and selects the 1, 2, 3 and 4 horses (for which there are 24 possible combinations) the total cost of the wager is $4.80. If the player selects the same wager, but selects the 1, 2, 3, 4 and 5 horses (for which there are 120 possible combinations) the total cost of the wager is $24.

 4. Description of the Derby Cash lottery game:

 (a) Derby Cash is designed to give players the opportunity to win one prize for each played combination.

 (b) For each Derby Cash play, the player must choose at least one outcome on which to wager.

 (c) With the exception of a Superfecta Box, the minimum cost of a single play is $1. The minimum cost of a Superfecta Box is $2.40.

 (d) Each Derby Cash drawing, also referred to as a ''Race,'' is a simulation of a horse race featuring 12 horses and their jockeys where, depending on the selected wager, the horses finishing in 1st, 2nd, 3rd, or 4th place, or certain combinations thereof, may award the player a prize.

 (1) The names of the horses in each race will be randomly selected from a selection of 456 horses. The horses in each race shall have an associated saddle cloth color and number, from 1 through 12, as follows:

 (i) Horse 1 shall have a red saddle cloth with a white number 1.

 (ii) Horse 2 shall have a white saddle cloth with a black number 2.

 (iii) Horse 3 shall have a blue saddle cloth with a white number 3.

 (iv) Horse 4 shall have a yellow saddle cloth with a black number 4.

 (v) Horse 5 shall have a green saddle cloth with a white number 5.

 (vi) Horse 6 shall have a black saddle cloth with a yellow number 6.

 (vii) Horse 7 shall have an orange saddle cloth with a black number 7.

 (viii) Horse 8 shall have a pink saddle cloth with a black number 8.

 (ix) Horse 9 shall have a turquoise saddle cloth with a black number 9.

 (x) Horse 10 shall have a purple saddle cloth with a white number 10.

 (xi) Horse 11 shall have a gray saddle cloth with a red number 11.

 (xii) Horse 12 shall have a lime saddle cloth with a black number 12.

 (2) The jockeys in each race shall be randomly assigned to the horses in each race and shall be randomly assigned a jersey silk color. All selections are performed by the Lottery Central Computer prior to the establishment of each day's drawings.

 (3) The horse names, jockeys and jockey silks selected for each drawing are chosen at random by the Lottery and the information for each day's drawings will be posted to the Lottery's publicly accessible web site prior to that day's drawings. A copy of the same will also be kept on file with the Lottery and will be available upon request.

 (4) The numbers displayed on the saddle cloth of the horses that finish in 1st, 2nd, 3rd and 4th place in each individual race determine the prizes, identified in section 7 (relating to determination of prize winners and prizes available to be won) and the odds for each specific drawing, identified in section 8 (probability of winning).

 (5) The player may select the Derby Cash Multiplier option when wagering. Players who select the Derby Cash Multiplier option and who win a Derby Cash drawing prize will have the prize multiplied by a randomly determined amount. The multiplier may be: 2X; 3X; 4X; 5X; or 10X.

 (6) Each drawing is independent of all other drawings and any prior drawings are not determinative of the outcome of any subsequent drawing.

 (e) Derby Cash game tickets may be purchased from an authorized retailer or at a Lottery self-service terminal.

 (1) To purchase a ticket at an authorized retailer, a player may remit the purchase price and submit a completed Derby Cash bet slip to the authorized retailer. Alternatively, a player may make their horse number selections or request the Quick Pick option, choose the type of play, select the number of consecutive drawings for which the horse number selection should be entered, and select the play amount by verbally relaying the same to an authorized retailer.

 (2) To purchase a ticket at a Pennsylvania Lottery self-service terminal, the player may insert into the self-service terminal a dollar amount equal to the total purchase price and a completed Derby Cash bet slip. Alternatively, a player may make their horse number selections or request the Quick Pick option, choose the type of play, select the number of consecutive drawings for which the horse number selection should be entered, and select the play amount by manually entering the information into the Lottery self-service terminal.

 (f) The possible play types are as follows:

 (1) Win: A player wagers that the selected horse or horses will finish in 1st place;

 (2) Place: A player wagers that the selected horse or horses will finish in 1st or 2nd place;

 (3) Show: A player wagers that the selected horse or horses will finish in 1st, 2nd, or 3rd place;

 (4) Quinella: A player wagers that the selected horses will finish in 1st and 2nd place, in any order;

 (5) Exacta: A player wagers that the selected horses will finish in 1st and 2nd place, in exact order;

 (6) Exacta Box: A player wagers that a combination of the selected horses will finish in 1st and 2nd place, in any order;

 (7) Exacta Wheel: A player wagers that a combination of two of the selected horses will finish in 1st and 2nd place;

 (8) Trifecta: A player wagers that the selected horses will finish in 1st, 2nd and 3rd place, in exact order;

 (9) Trifecta Box: A player wagers that a combination of the selected horses will finish in 1st, 2nd and 3rd place, in any order;

 (10) Trifecta Wheel: A player wagers that a combination of three of the selected horses will finish in 1st, 2nd and 3rd place;

 (11) Superfecta: A player wagers that the selected horses will finish in 1st, 2nd, 3rd and 4th place, in exact order;

 (12) Superfecta Box: A player wagers that a combination of the selected horses will finish in 1st, 2nd, 3rd and 4th place, in any order;

 (13) Superfecta Wheel: A player wagers that a combination of four of the selected horses will finish in 1st, 2nd, 3rd and 4th place.

 (g) Players can win a prize identified in section 7 (relating to determination of prize winners and prizes available to be won).

 (h) A player may purchase plays for up to 20 consecutive drawings in advance.

 (i) A Derby Cash ticket may not be canceled or voided once printed by the Lottery terminal, even if printed in error.

 5. Derby Cash bet slip and ticket characteristics:

 (a) Derby Cash bet slip:

 (1) A Derby Cash bet slip is an optically readable card issued by the Pennsylvania Lottery that a player may use to make play selections. When using a Derby Cash bet slip, the player shall make selections in each of the following: the amount to play per race (Section 1 of the bet slip); the number of consecutive Derby Cash drawings on which to wager (Section 2 of the bet slip); one of the available play types (Section 3 of the bet slip); and the number of horses upon which to wager, based on the play type selected (Section 4 of the bet slip).

 (i) The amount per play for each outcome consists of the following options: $0.10, $0.50, $1, $2, $3, $4, $5, $10, or $20. The amount selected depends on the play type selected by the player. The $0.10 wager amount is only available for Superfecta Box or Wheel play types. The $0.50 wager amount is only available for the Exacta, Trifecta and Superfecta Box or Wheel play types.

 (ii) The number of consecutive drawings that can be selected are 1, 2, 3, 4, 5, 10 and 20.

 (iii) The following play types can be selected on the bet slip: Win, Place, Show, Quinella, Exacta, Trifecta, Superfecta, Exacta Box, Trifecta Box and Superfecta Box. A player may also enable a Wheel bet by selecting additional horses in the horse selection boxes, as further described below in section 5(a)(2). The player may only select one play type on a bet slip. The play types are further described above in section 4(f).

 (iv) The player may select multiple combinations of horses on which to wager by selecting the horse number in Rows A, B, C and D on the bet slip. Horses must be selected in Rows A, B, C and D based on the play type selected and as further described above in section 5(a)(2). The cost of each play increases as additional horse selections are made.

 (2) Play types can be played as follows:

 (i) Win: The player must select the Win play type in Section 3 of the bet slip and must select one or more horses in Row A on the bet slip.

 (ii) Place: The player must select the Place play type in Section 3 of the bet slip and must select one or more horses in Row A on the bet slip.

 (iii) Show: The player must select the Show play type in Section 3 of the bet slip and must select one or more horses in Row A on the bet slip.

 (iv) Quinella: The player must select the Quinella play type in Section 3 of the bet slip and must select one horse in Rows A and B on the bet slip. An invalid bet will be created if the player does not select exactly two horses, with one horse in Row A and one horse in Row B.

 (v) Exacta: The player must select the Exacta play type in Section 3 of the bet slip and must select one horse each in Rows A and B on the bet slip.

 (vi) Exacta Box: The player must select the Exacta Box play type in Section 3 of the bet slip and must select two or more horses in Row A on the bet slip. An invalid bet will be created if the player does not select at least two horses in Row A.

 (vii) Exacta Wheel: The player must select the Exacta play type in Section 3 of the bet slip and must select one or more horses in each of Rows A and B of the bet slip. If the player selects only one horse each in Rows A and B, the player will be credited with an Exacta play type and not the Exacta Wheel play type.

 (viii) Trifecta: The player must select the Trifecta play type in Section 3 of the bet slip and must select one horse each in Rows A, B and C on the bet slip.

 (ix) Trifecta Box: The player must select the Trifecta Box play type in Section 3 of the bet slip and must select three or more horses in Row A on the bet slip. An invalid bet will be created if the player does not select at least three horses in Row A.

 (x) Trifecta Wheel: The player must select the Trifecta play type in Section 3 of the bet slip and must select one or more horses in each of Rows A, B and C of the bet slip. If the player selects only one horse each in Rows A, B and C, the player will be credited with a Trifecta play type and not the Trifecta Wheel play type.

 (xi) Superfecta: The player must select the Superfecta play type in Section 3 of the bet slip and must select one horse each in Rows A, B, C and D on the bet slip.

 (xii) Superfecta Box: The player must select the Superfecta Box play type in Section 3 of the bet slip and must select four or more horses in Row A of the bet slip. An invalid bet will be created if the player does not select at least four horses in Row A.

 (xiii) Superfecta Wheel: The player must select the Superfecta play type in Section 3 of the bet slip and must select one or more horses in each of Rows A, B, C and D of the bet slip. If the player selects only one horse each in Rows A, B, C and D, the player will be credited with a Superfecta play type and not the Superfecta Wheel play type.

 (3) Derby Cash bet slips shall be available at no cost to the player.

 (4) Plays shall be selected in accordance with the instructions printed on the Derby Cash bet slip.

 (5) A Derby Cash bet slip has no pecuniary or prize value and does not constitute evidence of the purchase of a ticket or the numbers selected and may not be used to claim a prize.

 (6) A Derby Cash bet slip must be completed manually. The use of mechanical, electronic, computer generated or any other non-manual method of marking bet slips is prohibited.

 (7) A player may choose to have their horse selection or selections made using the Quick Pick option by marking the box for Quick Pick on the bet slip for the play type selected. The Quick Pick option is not available for Wheel play types.

 (8) Invalid wagers will not be honored on a bet slip. If a bet slip contains an invalid wager and a valid wager, only the valid wager will be honored and the player will only be responsible for paying the valid wager amount.

 (b) Derby Cash tickets:

 (1) A Derby Cash ticket shall contain the date the ticket was purchased, the play type selected, the horse number selections, the number of consecutive drawings and the corresponding drawing number (also referred to as a ''Draw ID''), range selected, the number of options selected by Quick Pick, the cost of the play, the total cost of the ticket, the designation of the type of play and validation data.

 (2) A Derby Cash ticket shall be the only valid proof of the play or plays purchased and is the only valid receipt for claiming a prize.

 (3) A Derby Cash ticket shall only be valid for the Draw ID or range of Draw IDs printed on the ticket.

 (4) A separate Derby Cash ticket shall be issued for each bet slip submitted and purchase price remitted.

 6. Time, place and manner of conducting drawings:

 (a) Time of drawing: Derby Cash drawings are high frequency drawings occurring multiple times per day. Derby Cash drawings will be held as determined and publicly announced by the Secretary.

 (b) Place and manner of conducting drawings: Derby Cash drawings will be conducted by the Lottery Central Computer System. The Lottery Central Computer System will select, at random, one race outcome per drawing. The race outcome selected will determine the horses finishing in 1st, 2nd, 3rd and 4th place for each individual drawing. The validity of a drawing will be determined solely by the Lottery.

 7. Determination of prize winners and prizes available to be won:

 (a) Determination of Prize Winners:

 (1) Holders of tickets upon which the player's selected horses match the race outcome selected by the Lottery, for the play type selected by the player, shall be the winner of a prize, as described in section 7(b) (relating to prizes available to be won).

 (2) The prizes for each drawing are based on a single prize table for each play type.

 (3) The winning outcome for each drawing will be posted to the Lottery's publicly accessible web site and will be displayed visually at retail locations with monitors that display the drawings.

 (b) Prizes available to be won:

 (1) The prizes available to be won for Derby Cash will range from $1.25 to $800,000 per each $1 played, and vary based on the specific player wager selections for each individual drawing.

 (2) A prize table for each play type will be available for each drawing, will be posted on the Lottery's publicly accessible web site and will be displayed visually before and after each drawing at retail locations with monitors that display the drawings.

 (3) The prize table for each play type is based on a $1 play. To determine the prize for a winning ticket, the player must multiply the prize amount in the prize table by the player's bet.

 (c) Derby Cash liability cap:

 (1) The maximum liability for any Derby Cash drawing shall be $24,000,000 for each play type including the application of any Derby Cash Multiplier. When any combination for any play type sold for a single drawing reaches a potential payout liability of $24,000,000, upon application of the maximum possible Derby Cash Multiplier (for example, 10X), those play combinations shall be closed for that drawing.

 (2) If this liability cap is reached in the payment of more than one prize, the prizes shall be paid on a pari-mutuel basis.

 (3) To determine the amount of the pari-mutuel prizes, the $24,000,000 shall be split into equal shares, for each $1 played, and shall be rounded down to the nearest $0.50.

 (d) The number of prize categories and the allocation of prize money among the prize categories may be changed at the discretion of the Secretary and changes will be announced by public notice. Any such changes will apply prospectively to Derby Cash drawings as of the date specified in the public notice.

 8. Probability of winning:

 (a) The prize tables for all possible ways that a prize can be won for a single play, the corresponding prize won and the odds of winning a prize in a drawing can be found on the Lottery's publicly accessible web site at: https://www.palottery.state.pa.us/Xpress/Derby-Cash/Prizes-Chances.aspx.

 9. Derby Cash Multiplier option:

 (a) The Derby Cash Multiplier option shall be available in association with the Derby Cash game and will continue until the Secretary publicly announces a suspension or termination thereof. Players may purchase the Derby Cash Multiplier option for the chance to multiply prizes won as the result of a base Derby Cash drawing by two, three, four, five or 10 times. The Secretary may, on occasion, announce as a special promotion, multipliers greater than 10 or other changes to features of the Derby Cash Multiplier option.

 (b) At the time of purchasing a Derby Cash ticket from a Lottery retailer, a player may choose the Derby Cash Multiplier option by marking the ''YES'' box for the Derby Cash Multiplier on the bet slip. The Derby Cash Multiplier option may be exercised, at the discretion of the player, by paying two times the amount played on the base Derby Cash play. For example, if the player purchases a $2 base Derby Cash play, the Derby Cash Multiplier will cost $4, for a total purchase price of $6.

 (c) Prior to each Derby Cash drawing, the Derby Cash Multiplier drawing will occur, which shall result in the selection of the Derby Cash Multiplier number.

 (d) Derby Cash tickets that contain the Derby Cash Multiplier option and one or more plays eligible for prizes, as described in section 7 (relating to determination of prize winners and prizes available to be won), shall be entitled to a total prize calculated by multiplying the base Derby Cash prize won by the Derby Cash Multiplier value selected for the drawing in which the ticket was entered.

 (e) The odds of a Derby Cash Multiplier number being selected in a Derby Cash Multiplier drawing are:

Derby Cash Multiplier Value Odds Of Occurring Per Play Are 1 In:
2X 2
3X 5
4X 5.56
5X 11.11
10X 33.33

 10. Retailer Incentive and Marketing Promotion programs:

 (a) The Lottery may conduct a separate retailer incentive program for retailers who sell Derby Cash tickets. The conduct of the program will be governed by 61 Pa. Code § 811.41 (relating to promotional prizes).

 (b) The Pennsylvania Lottery may conduct promotional drawings associated with the Derby Cash game. The Derby Cash tickets will be imprinted with a unique code to be used by players to enter the promotional drawings. The promotional drawings may be held independently of or in conjunction with the regular Derby Cash drawings. The Secretary will announce the existence of the promotional drawings. Winners of promotional drawings will be randomly selected from the group of qualified entries. A description of the available prize or prizes and the specific rules and other information necessary for the conduct of the promotional drawings will be posted to the Lottery's publicly accessible web site. A copy of this description will also be kept on file with the Lottery and is available upon request.

 (c) The Pennsylvania Lottery may conduct promotional payouts associated with the Derby Cash game. The Derby Cash tickets will be imprinted with a promotional message used to alert the player holding the ticket of the promotional opportunity. The Secretary will announce the existence of the promotional payouts. A description of the available promotional prize payouts and the specific rules and other information necessary for the conduct of the promotional payouts will be posted to the Lottery's publicly accessible web site. A copy of this description will also be kept on file with the Lottery and is available upon request.

 (d) The Pennsylvania Lottery may conduct promotional activities to promote the sale of the Derby Cash game, including offering tickets at a discounted price. Details of any such offering will be disseminated through media used to advertise or promote Derby Cash or through normal communications methods.

 11. Unclaimed prize money: For a period of 1 year from the date in which a prize is won, prize money from winning Derby Cash game tickets will be retained by the Secretary for payment to the persons entitled thereto. If no claim is made within 1 year of the date on which the a prize is won, the right of a ticket holder to claim the prize represented by the ticket, if any, will expire and the prize money will be paid into the State Lottery Fund and used for purposes provided for by statute.

 12. Governing law: In purchasing a ticket, the customer agrees to comply with and abide by the State Lottery Law (72 P.S. §§ 3761-101—3761-314), 61 Pa. Code Part V (relating to State Lotteries) and the provisions contained in this notice.

C. DANIEL HASSELL, 
Secretary

[Pa.B. Doc. No. 19-1426. Filed for public inspection September 20, 2019, 9:00 a.m.]



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