Super Bowl ad prediction market contracts raise insider trading worry

The Super Bowl 60 logo on a Santa Clara Valley Transportation Authority light rail vehicle in Santa Clara, California, December 29, 2025.
Aaron M. Sprecher | Getty Images Sports | Getty Images
A version of this article first appeared with Alex Sherman in the CNBC Sport newsletter, delivering the biggest news and exclusive interviews from the world of sports and media. become a member to receive future editions straight to your inbox.
For many Americans, the best part of the Super Bowl is the commercials. You may make or lose money from them this year too.
Prediction market platforms Kalshi and Polymarket currently have open contracts regarding which companies will run ads during Super Bowl 60, which will feature the match between the Seattle Seahawks and the New England Patriots and will be held on February 8 in Santa Clara, California. Users can trade whether Salesforce, Verizon or Coca-Cola will appear in the Super Bowl this year, for example.
While Polymarket’s trades are just a “Yes/No” bet, Kalshi’s “Who will appear in the big game ad before February 9, 2026?” with trades available for Sydney Sweeney, Timothée Chalamet, and Harry Styles. There are a few more sophisticated predictions, such as:
It’s a new milestone for the advertising industry’s biggest night. As the TV audience for the Super Bowl increases, the price of Super Bowl commercials increases each year. Last year’s match was watched by a record 127.7 million viewers. Broadcast by Fox, it generated approximately $7.5 million per 30-second commercial, with 10 or so commercials grossing over $8 million.
This year, NBC, which will air the game, has sold out its entire ad inventory, averaging $8 million per 30-second spot, according to Mark Marshall, NBC’s president of global advertising and partnerships; five to 10 ads sold for more than $10 million each. The closer a company buys ad space to the game, the more it pays.
Tech companies took the most spots in this year’s ranking, according to Marshall, but NBC defines tech relatively broadly: Uber Eats, for example, is considered a tech company. Only two automobile companies advertise during the game. About 40 percent of advertisers this year have never purchased a Super Bowl ad before, Marshall said.
But the introduction of prediction market platforms means Marshall has reason to keep the details close to the vest.
Insider trading concerns
For those unfamiliar with how these prediction markets work, they basically trade like stocks, with the price of the contracts varying between $0 and $1. Contracts move up or down depending on the action.
For example, “Which brands will be advertising during the 2026 big game?” Spotify rose on Kalshi on January 19, rising from $0.35 to $0.69. As of Friday morning, the “Yes” contract price for Spotify was $0.37.
If your predicted outcome occurs, you will be paid $1 for each winning contract, minus fees.
Both Polymarket and Kalshi talk about the Super Bowl, such as “What songs will be played at the halftime show?”, “Who will attend the big game?” It also offers other prediction exchanges such as. (Lionel Messi? Elon Musk?) and more traditional sports betting “stakes” like “Seattle vs. New England: Most Rushing Yards.”
While direct sports predictions like rushing yards are unknown events, there are likely hundreds, even thousands, of employees who know whether their company plans to air a Super Bowl commercial. This makes some contracts eligible for insider trading.
Current laws prohibit insider trading in prediction markets, but industry experts doubt the gutted Commodity Futures Trading Commission has the will or staff to police these issues.
Meanwhile, the question of whether sports-related event contracts amount to financial derivatives or gambling is dividing the sports gambling industry and tying the federal courts in knots.
“Several courts have held that sports-based event contracts are not derivatives subject to the CFTC’s jurisdiction,” said Jack Murphy, senior attorney at Akin Gump and former CFTC enforcement attorney. “These decisions are under appeal. If sports event contracts are not derivative, then criminal authorities can still prosecute insider trading in prediction markets under the theory of wire fraud.”
On Thursday, the CFTC’s new chairman, Michael Selig, said he had instructed agency staff to withdraw a proposed rule that would have banned prediction trading on sports and politics. He said new rules will come.
Meanwhile, live sports continues to support the growth of the prediction market. According to Piper Sandler analyst Patrick Moley, Kalshi is on track for 44% monthly growth in total trading volume. “Who will win the Super Bowl?” The contract has already reached a transaction volume of more than 150 million dollars.




