And “ninja headbands” isn’t appropriational because....?

He was set with his hands at his head, then lowered them to his belt and paused again, which is likely what constituted the balk. Had he made one continuous motion in lowering his hands and then throwing there would not have been an issue.

This is called the California Tie Breaker and has been used in high school and youth tournament play for a long time. The runner placed on second is the last out from the previous inning.