In Chess:
Ten Types of a Drawn Game (§14)
1) Stalemate — the game is drawn when a player cannot make any legal moves and yet is not in
check (§14A).
2) Agreement — the game is drawn when both players agree to a draw. The proper procedure
for offering a draw is, (a) immediate after making one’s move on the board, (b) say: “I offer a
draw,” and only after making one’s move and announcing “I offer a draw,” (c) press the button
on one’s clock so as to start your opponent’s clock. After a draw has been offered, one’s opponent
has the option of accepting anytime before his or her next move. One rejects a draw offer
simply by playing one’s next move. To accept a draw which has been offered, one may stop the
clocks and shake hands, thus signifying the acceptance of the draw offer (§14B).
3) Triple occurrence of position — the game can be claimed to be drawn when the same identical
position occurs three times. Only a player on the move may claim a draw by triple occurrence
of position. There are two ways to make such a claim. If a move is required to complete
the third occurrence of the position, the player claiming the draw should write this move down
on his or her score sheet (without making the move on the board) and then stop both clocks,
and make the claim. If no move is needed to complete the third occurrence of the position, the
player claiming the draw should stop both clocks. If the opponent agrees with the claim, the
game is drawn. If the opponent does not agree with the claim, a director should be called over
to make judgment. If the director denies the claim, the claimant is still obligated to play the
move recorded on his or her score sheet, if one was made (§14C).
4) Insufficient material to continue — the game is drawn when one of the following endings
arises: (a) king versus king; (b) king versus king with bishop or knight; (c) king and bishop versus
king and bishop (when both bishops are on squares of the same color); or (d) any position
where there are no longer any moves that could lead to any player being checkmated (§14D).
5) Insufficient material to win on time — the game is drawn when a player exceeds the time
limit and yet his or her opponent has insufficient material to win on time, such as having a lone
king, a king with a bishop or knight, or a king with two knights (§14E).
6) 50-move rule — the game is drawn when 50 moves have been made by each side without any
capture or pawn move (§14F).
7) Both flags down in sudden death — the game is drawn in a sudden death time control if one
of the players points out that both flags are down and they are indeed down (§14G).
Insufficient losing chances in sudden death — in a sudden death time control without a
clock with time delay, a player with two minutes or less of remaining time may stop the
clocks and ask the director to declare the game drawn on the grounds that the player has insufficient
losing chances (§14H1). This rule refers to more complex position than those under insufficient
material to win on time (§14E). Examples of the type of positions which qualify as insufficient
losing chances can be found in the rule book under §14I. The tournament director, if
unsure of the claim, has the option of continuing the game with a clock which has time delay.
9) Accepting the implied draw offer — if one’s opponent makes a draw claim (such as: triple
occurrence of position, insufficient material to continue, insufficient material to win on time,
the 50-move rule, both flags are down in sudden death, insufficient losing chances, etc.), one
may accept the implied draw offer, thus ending the game drawn (§14).10) Draw declared by director — on rare occasions the director may declare a game drawn
(§14J). Note that it is incorrect to refer to all drawn games as stalemate. The draws described in 14B through 14J are not stalemates.

So who is the "Director"?(Is it the Architect from the Matrix? LOL!) Are Ben and Widmore playing a drawn game (think of Ben's conversation with Charles in his bedroom - "Are you here to kill me?" "You know I can't do that."). Is the game drawn no longer since the rules have changed?

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