Grando
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The option with a draw is bad because in most matches, a win is needed; a draw doesn't suit either side.
In seasonal leagues and tournaments with a round-robin format, a win isn't necessary.
Is 5% really a majority?
And replaying a match is a significant time delay.
If anything needs to be changed in the rules, it's the clause about a stalemate with restricted movement. Loading an autosave, in my opinion, doesn't match the spirit of the game; all game situations should be resolved within the game itself. For this case, I would suggest an amendment to the rules – "in the event of a stalemate with restricted movement, the fleeing side must accept the battle."