I only weight in on the kick out of bounds issue to play devil's advocate. 2-16-5 defines a penalty as "a result against a team or team member that has committed a foul." Also, the 25 yard option is listed under "Penatly" after the rule.
All that being said, I don't think (?) that the "is this a penalty?" question is really more than another discussion for us to have (which is definitely not a bad thing if it gets people in the Rule Book), and it really does not have a direct impact on our games.
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If the play is designed to fool someone, make sure you aren't the fool.
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