The short answer is no becuase it has an outcome that reflects the relative knowledge of the participants, or their skill at physical reaction or physical manipulation (but not chance). Here's an article with a more detailed explination http://usgovinfo.about.com/b/a/217302.htm
Is it legal to use NASCAR drivers real names and stats?
The short answer is yes. Their names and stats are in the public domain. If the newspaper can report on their names and stats, so can a fantasy website. This was a hot topic in the summer of 2006 for MLB and fantasy leagues using MLB players names and stats. Below are some links to articles explaining this in more detail.