You have to CLAIM the draw, it's not automatic. Man, if I had a dollar for every time someone asked this question (plus the "why was the game declared drawn by insufficient material" one) I'd be rich by now.
Draw rules
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This game http://www.chess.com/livechess/game?id=580643464 should be Draw by rules instantly (Repeating of moves). Why the AI of this server do not find it?