2008 Conditions
(Subject to Change and Revision)
The participating Sales Companies for the 2008 Series are:
FOREST CITY YEARLING SALE
GARDEN STATE HORSE SALES CO.
LEXINGTON SELECTED YEARLING SALE
PA PREFERRED YEARLING SALE
STANDARDBRED HORSE SALES CO.
SUNY MORRISVILLE YEARLING SALE
TATTERSALLS (LTBA)
WINBAK FARM SALE
OWNED & SPONSORED BY: The Classic Series, Ltd. (TCSL)
SERVICED BY: The Hambletonian Society, Inc. (“Society”)
FOR: Foals of 2005 and Older (Subject to USTA Foaling Dates)
TO BE RACED AT: TCS 2008 will have legs at Dover Downs, Mohawk and The Meadowlands, with the Finals to be held at The Meadowlands. If for any reason it becomes impractical or undesirable in the opinion of TCSL to hold any one or more of these at the tracks designated, TCSL reserves the right to change the date and/or location of any or all races.
CANCELLATION: TCSL further reserves the right to cancel either one or more of the races if it becomes impractical or undesirable, in the opinion of TCSL, to conduct said race or races. If an event is not raced, TCSL’s responsibility and liability will be limited to refunding, without interest, starting fees collected toward cancelled events that have not been disbursed at the time of cancellation. These monies will be refunded pro rata among only the owners of the horses who declared into that leg or final. In the event TCSL determines to cancel TCS, any remaining monies may be paid into any remaining legs and finals of TCS or purses for any other non-TCS races, as determined by TCSL in its discretion.
Divisions & Purses
Legs: Final:
Trotting Classic (Open Trot) $85,000E $250,000G
Classic Oaks (Filly/Mare Trot) $85,000E $250,000G
Pacing Classic (Open Pace) $85,000E $250,000G
Classic Distaff (Filly/Mare Pace) $85,000E $250,000G
If any of the preliminary
legs of the above races are split into divisions, each division of the event
will race for a minimum purse of $60,000. All amounts designated herein
shall be paid in U.S. funds.
I. ADDED MONEY & FUNDING:
The Series shall
be funded by: Consignors and Buyers of yearlings at participating sales, owners
of other eligible yearlings, owners of eligible racehorses and host racing
associations. All funds in excess of those required to fund the purses in a
given year, if any, shall be carried forward to the purse fund for the subsequent year.
II. NOMINATION FEES: (US Funds Only): TCS shall be open to horses that are three years old and older. Nominated horses must be properly identified to the Society at the time of nomination. The amount of the yearling nomination on sale yearlings for eligibility to these races in future years is based on the final bid price on the yearling at a participating sale-0.5% (half of one per cent) by consignor plus 0.5% (half of one per cent) from the buyer-or as otherwise specified herein. These payments will be collected from consignors and assessed to buyers at each of the participating sales. In the event a consignor retains a catalogued yearling at a participating sale, the consignor shall pay an amount equal to the sum of the consignor and buyer payments (one percent) based on the final bid at which the yearling was retained. All nomination, sustaining, supplemental and declaration fees are payable in US funds.
Sold at a “Participating Sale” shall mean that the animal, when sold as a yearling, was sold in a sale that was part of TCSL that year and the 1% of its selling price was collected and paid to TCSL at that time.
a) Horses Offered or Sold as Yearlings at Participating Sales:
February 15, 2008 –
Sustaining Payment
$2,000
Sustaining payment provides eligibility only for the year in which payment is
made.
b) Horses Offered or Sold as Yearlings at a Participating Sale Prior to 1996:
February 15, 2008 – Nomination Payment $2,000
Nomination payment provides eligibility only for the year in which payment is made.
c) Horses Offered or Sold as Yearlings at a Sale Other Than the Participating Sales for Which an Initial Nomination Payment was not Previously Paid in 2007 or Any Prior Year:
February 15, 2008 – Nomination Payment
$10,000
Nomination payment provides eligibility only for the year in which payment is
made.
d) Horses Offered or Sold as Yearlings at a Sale Other Than the Participating Sales for Which an Initial Nomination Payment was Previously Paid in 2007 or Any Prior Year:
February 15, 2008 – Sustaining Payment $2,000
e) Horses Not Offered as Yearlings at Any Sale (i.e. Homebreds and Private Sales) That Were Nominated as Yearlings
February 15, 2008 – Sustaining Payment $2,000
Sustaining payment provides eligibility only for the year in which the payment is made.
December 15 of the yearling year – Nomination $500
Yearlings not offered for sale at any public auction may be originally nominated on December 15 of the yearling year
f)
Horses Not Offered as Yearlings at Any Horse Sale (i.e. Homebreds and
Private Sales)
That Were Not Nominated as Yearlings:
February 15, 2008 – Nomination Payment $5,000
Nomination payment provides eligibility only for the year in which payment is made.
g) Horses Not Offered as Yearlings at Any Sale (i.e. Homebreds and Private Sales) and For Which an Initial Payment Was Not Made in 2007 or Any Other Year:
Nomination payment provides eligibility only for the year in which payment is made.
h) For Horses Not Offered as Yearlings at Any Sale (i.e. Homebreds and Private Sales) for Which an Initial Payment Was Previously Paid in 2007 or Any Other Year:
Sustaining payment provides eligibility only for the year in which the payment is made.
i) Horses Bred Outside North America Not Sold at Any North American Yearling Sale or Previously Nominated in 2007 or Any Other Year
III. DECLARATION: Declaration fees are 2% (two per cent) of the purse for the preliminary legs. If two or more divisions are required, the declaration fee shall be 2% of the purse for that division. Declaration fees for the Finals shall be Twenty-five Hundred Dollars ($2,500.00). Declaration fees shall be due with the declaration to start at the track where the race is held at the time and date posted on the host track Condition Sheet. The declaration fee shall be due at the time of declaration and payable not later than post time of the race to be contested. No horse shall be allowed to start in either the legs or final without payment of the declaration fee no later than post time of any scheduled event. All payments for nomination and declaration fees shall be made payable to The Hambletonian Society, which shall be responsible for purse distribution. All payments are forfeits.
IV. SUPPLEMENTAL (LATE) NOMINATION: Any horse not nominated by February 15, 2008 may be nominated by payment of a supplemental (late) nomination fee as set forth below. This payment must be RECEIVED in The Hambletonian Society offices by the close of business on March 24, 2008, even if the nominator desires to race the horse only in later legs. Starting fees for all late nominees shall be the same as for horses nominated by February 15, 2008.
Homebreds, Private Sales and
Horses Bred Outside North America
Not Previously Nominated to TCS
Horses Sold at Non-Participating Sales Not Previously Nominated to TCS
Supplemental payments provide eligibility only for the year in which they are made.
V. FILLY & MARE NOTICE: Subject to ‘X Eligibility’ below, in the event that fewer than the maximum number of entries are received for the finals of an Open division of TCS, an eligible filly or mare may enter in the final of the Open division of their gait. Fillies and mares may not displace a horse that is qualified for and declared into the final of an Open event.
VI. PAYMENT DISTRIBUTION: Any funds remaining in the 2007 Purse Fund will be added to the Purse Fund for the 2008 races. The yearling nominating fees collected in 2007, as well as the nominating, sustaining and starting fees that are collected in 2008, shall be added to the 2008 Purse Fund. The purses for the 2008 Series Legs and Finals shall be paid from the 2008 Purse Fund. Following the 2008 Finals, all monies remaining in the 2008 Purse Fund, along with the proceeds from the 2008 yearling nominations shall be added to the 2009 Purse Fund. The foregoing is subject to the right of cancellation noted above. There shall be no deduction from any of the collected funds for administrative or promotional purposes, all such expenses being paid by the participating sales companies.
VII. NOTICE: USTA Rule 11, Section 3 provides; “Failure to make any payment required by the conditions constitutes an automatic withdrawal.” The Society will construe payment to require that cash or check duly honored upon presentation be received at the time specified in USTA Rule 12, Section 4.
VIII. WAIVER: As a condition of participation in TCS 2008, the owner(s) of the nominated horses hereby grant to TCSL and the host tracks, their representatives, successors, and assigns, the absolute right to copyright and publish, use or reuse any photograph/print film or videotape footage or audio, digital, electronic or other reproduction of its horses, drivers, trainers, employees, officers and agents, in whole or part, in the composite or in distorted character, with or without use of names, in color or otherwise, for the purposes of promotion, advertising, trade or other lawful purpose in any and all media anywhere in the world. Owners waive any right to inspect and/or approve the finished product or the copy that may be used in connection therewith or the use to which it might be applied. Owners further agree to inform its drivers, trainers, employees, officers and agents of the authority granted to TCSL and host tracks herein, to hold TCSL and the host tracks harmless from any and all liability and damages, and to indemnify TCSL and the host tracks from same should any such owners, drivers, trainers, employees, officers and agents challenge TCSL and host tracks rights herein and as set forth above.
IX. CONDITIONS: TCSL reserves the right to have one or more legs or finals raced at a distance of greater than one mile. Host racing associations may require a minimum of six separate betting interests in legs, or the event may be declared off. Each leg shall be conducted at a distance agreed upon by the host track and TCSL. Legs of TCS will also seek to avoid conflict with established races. The field for the final for each division shall be limited to the number of positions on the starting gate for the track hosting that final.
X. ELIGIBILITY FOR FINAL: To be eligible to start in the final, a horse must start in no less than half (50%) of the preliminary legs scheduled in their Series division. (If there are an odd number of preliminary legs, a horse must start in a majority of the legs to be eligible for the final.) Any horse entering a preliminary leg, which does not fill, and is not raced, will receive one point towards qualifying for the Final, plus credit toward fulfilling the minimum number of starts requirement (see above) and toward tiebreaker “a” regarding eligibility for the finals. A horse scratched from an event, which is raced, will NOT receive credit or points toward meeting the starting requirements for the final. To start in the final, a horse must be declared at the host track where the race is being held at the time posted on the Host Track condition sheet. In the event that the number of horses eligible as provided above declared into any final exceeds the maximum number specified by TCSL (the number of positions on the starting gate for the track hosting the final) the following point system, based on the official order of finish: (1) at the Host Track for the applicable preliminary leg and (2) at the time the entry box for the Final is closed, will determine preference for the final:
1st Place = 50 Points
2nd Place = 25 Points
3rd Place = 12 Points
4th Place = 8 Points
5th Place = 5 Points
6th Place = 4 Points
7th Place = 3 Points
8th Place = 2 Points
9th Place and all other starters = 1 Point
Horses that were properly declared to a leg that failed to fill and is not raced = 1 Point
“Dead-Heat”: Any horses finishing in a “Dead-Heat” for any position will be awarded an equal share of the total number of points for the positions involved in the “Dead-Heat”.
Starters in Less than 50% of the Legs: All horses wishing to start in the Final must be declared for the Final by the specified declaration time. Notwithstanding any of the above conditions requiring a minimum of two starts in legs, in the event a Final fails to fill to the extent that every position on the gate is occupied with two also eligibles assigned, those with one start that declared and had NOT been credited with the minimum of two starts in the legs will then be considered for inclusion in the Final. Notwithstanding ‘Tie Breaks’ below, the highest point earners in this group shall have preference in being added to the field, and in the event of ties, the horse with the highest total earnings to date in the current season as compiled by the U.S.T.A. shall have preference. The option of admitting fillies and mares as provided in “V. Filly & Mare Notice” above will apply only in the event this provision still fails to fill the field.
TIE BREAKS:
a) First, the horse with the most starts in the 2008 preliminary legs of TCS shall receive preference and if after that tie-breaker a tie remains, then:
b) The horse with the highest total earnings to date in the current season as compiled by the U.S.T.A. shall have preference.
Also Eligibles: In the event that one of those qualified for the final is not declared, the horse with the next highest point total that is declared will be eligible for the final. In addition, two horses will be selected from those declared for the final that do not qualify for the final, to be designated “Also Eligible” for each final. The preference to determine which is the first “Also Eligible” (AE1) shall be determined by also taking the horse that placed the highest according to the same criteria as above. The other horse will be second “Also Eligible” (AE2). Scratched horses in the final will be replaced by the horses designated “Also Eligible: in the following manner.
aa) If post positions have not been drawn, the horse will take its place in the normal draw.
bb) If post positions have been drawn, the horse will assume the position of the scratched horse. No horse will be moved into the final as a replacement after the official “Scratch Time” deadline in force at the host track.
Post positions in both the preliminary legs and the finals to be determined by an open draw. The legs or finals may also be restricted in the number of starters by prevailing rules of the state or provincial commission. All starters are subject to the detention barn policy of the host track for all TCS events, including legs and finals. Horses not meeting this requirement shall be scratched and all payments forfeited.
XI. MONEY DIVISION: Purses shall be divided 50-25-12-8-5% and distributed by the Society. Notwithstanding the fact a track may require six betting interests as stipulated in Condition IX, in the event a track elects to race with four starters, the money shall be divided 50-25-15-10%, with three starters 60-30-10%, with two starters 65-35%, and with just one starter, 100%.
XII. DRIVER & TRAINER FEES: To be distributed by the Society.
XIII. DISPUTES: In the case of a dispute as to the interpretation of these conditions, the decision of TCSL shall be final. All fees and payments in any race are accepted on the condition that all claims, objections and appeals arising prior to the draw or with respect to any interpretation of any rules or conditions of the races or otherwise shall be decided by TCSL. After the draw for a particular race is complete, TCSL shall defer to the rules and decisions of the Host Track and the relevant racing jurisdiction for all matters involving the race. In the event of any protest, investigation or dispute with respect to the results of a race, TCSL or the Society, at each of their option, may deliver the purse or the disputed portion thereof to the Host Track to hold in a segregated account, to be disbursed upon the resolution of any such protest, investigation or dispute, as determined jointly by TCSL and the Society, in their discretion. Further, buyers, sellers and owners of any horses participating in TCS shall hold TCSL, the Society, each Host Track and each of their officers, directors, members, employees and agents harmless from, against and in respect of any and all claims, actions, losses, damages, liabilities, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) resulting from their participation in TCS, including any protest, investigation or dispute.
XIV. RULES:
To be qualified to race in any TCS event, the relevant rules of the applicable
host track, state or provincial racing commission or board shall govern. The
conditions and rules shall be those in effect at the time of the races.
NOMINATING, SUSTAINING AND STARTING FEES PAYABLE TO:
The Hambletonian Society, Inc.
109 South Main St.
Suite #18