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Heisenberg's Uncertainty Principle, as applied to HMM III.
At first glance, it is difficult to form a definitive opinion on the matter. Because all parties have quite compelling arguments for implementing their concept of tournament organization. Both options are justified and have the right to exist.
Also, both sides use far-fetched counterarguments, which does not add objectivity to the view.
But, since the question has been raised, based on simple logic and pragmatism, I tend to adhere to the following options.
1. Play with the patch. But - at the player's discretion. If the absence of the patch does not give the player any advantages (as far as I understand, quite the opposite), then the player has the right to decide whether he needs the imposed determinism of events in battle or whether he is willing to sacrifice efficiency for the sake of preserving the spirit of the game.
Some play more like chess, and some play more like Heroes - and this happens on the same save. It is impossible to track the use of the "traffic light," or its creators will make every effort to ensure that it is so. Moreover, by default, it cannot be considered a violation of the game structure if a feature that increases the probability of the desired event is used, if that probability is initially greater than zero and is guaranteed by increasing the number of restarts. This is simply a time-saving for the player, like, for example, an excavator. The only downside is that "hardcore" players have lost their advantage. But they did not have it due to a deep knowledge of the game, but only due to the availability of free time.
2. The number of secondary criteria is entirely up to the tournament organizer.
There can be no mandatory conditions, in my opinion. There can be five criteria, because the probability of needing to apply the fifth criterion still remains, however small it may be. The third criterion still introduces enough variety into the game, as we have seen many times in previous tournaments. This does not affect the result of each individual player, but simply reduces the number of winners. And that is reasonable. In my opinion, there should be only one winner.
But, the opposite is also true - making it a mandatory condition would be a completely unreasonable decision. Different conditions from tournament to tournament are not a problem.
Because the main task of the tournament organizer is to ensure that all players participating in a particular tournament have the opportunity to play under equal conditions. And whether the player will use this opportunity or not depends, perhaps, on the weather forecast... :)
I apologize for such lengthy comments, but it is really not easy to find the only correct solution to this problem - perhaps it does not exist at all.