Pick'em and prediction apps

This page explains what these products are. It isn't a guide to playing them. FCT publishes no picks, tools or links for them, and that won't change on this page. Everything below is dated November 5, 2026, and some of it will age fast.

How they differ from salary-cap DFS

In a salary-cap contest you build a roster under a cap and compete against other entrants. Prizes come from entry fees, less the operator's fee.

In a pick'em you choose a few athletes and predict whether each will finish above or below a stat line the operator set. California's Attorney General described the traditional version in a 2025 opinion: players compete "against the house," meaning the operator, and not against other players. The opinion's example is an operator paying $300 on a $100 entry for two correct predictions, up to $1,000 for four.

When you play against the house, the operator has a stake in your result. The opinion makes that point about sportsbooks: if the player wins the bet, the operator loses, and the other way around.

Three versions are now in the market

• Against the operator. The traditional form described above, with payouts the operator sets.
• Pools. Some operators now run pick-style games as pools. FanDuel's explainer describes its version as peer-to-peer, with a prize pool split among the top entries.
• Federal contracts. Some apps now offer sports "event contracts" under the Commodity Futures Trading Commission (CFTC), the federal regulator, and not under state fantasy licenses.

RotoWire reported on September 7, 2026 that Underdog's founder described the position of some states as a choice: offer CFTC-licensed event contracts or keep a fantasy sports license, but not both. Underdog chose the contracts and said it would stop taking new entries in its Drafts product in seven states.

States are moving against some of them

• New York, October 2023. The state gaming commission approved rules saying contests "shall not be based on proposition betting or contests that have the effect of mimicking proposition betting."
• Michigan, October 2023. New rules ban contests "that involve, result in, or have the effect of mimicking betting on sports."
• California, July 2025. The Attorney General's opinion concluded that pick'em and draft-style games are both prohibited under state law. See where you can play for what that does and doesn't settle.
• Tennessee, October 2026. The state ordered Underdog to halt prediction-market operations there, and Underdog sued, arguing that federal law puts it outside Tennessee's gambling laws. Weeks earlier, the federal appeals court that covers Tennessee had thrown out an injunction protecting another platform, Kalshi, there.

The federal fight

In April 2026 the CFTC sued Illinois, Arizona and Connecticut over their attempts to stop sports contracts. The agency claims exclusive jurisdiction over event contracts, including sports ones. Platforms are suing states too.

Federal appeals courts have split. The Third Circuit sided with Kalshi against New Jersey in April 2026. The Ninth Circuit ruled against Kalshi in Nevada in August. On September 25 the Sixth Circuit ruled against it in Ohio and Tennessee, holding that federal law "neither expressly nor impliedly preempts" those states' gambling laws. The Sixth and Ninth Circuit rulings came on injunctions, not final judgments. The Fourth Circuit had not ruled in a Maryland case when we read this, and Robinhood and Crypto.com have asked the Supreme Court to review the Ninth Circuit's decision. We found no report that the Court has agreed, and no final ruling that settles this. That is what we found on one date, and it isn't a statement of the law.

Why FCT stays out

Our DFS section covers salary-cap contests, where you build a roster and compete against other entrants. Pick'em and prediction products change too quickly for dated guidance to stay right, and they sit too close to betting for what we want to publish. You won't find picks, promo codes or links to them on this site.

If you use one of these apps and it is causing problems, Responsible Play has the warning signs and who to call.

Facts checked Nov 5, 2026.