Suppose you have a edge (A,B), and B has at most two incoming edges. Then A and B must get different colors in order for the inequality to be preserved. Now have C get an edge from each of A and B. With no other incoming edges to C or B, this "mini-tournament" must get three colors.
Now add D, E, F so that B and C lead to D, C and D to E, D and E to F. With no other edges involved, we get a repeated coloring with A and D getting the same color, as do B and E, and C and F.
Now have the snake come and bite its own tail. Make a bracelet of these vertices. If we have the number of vertices be a multiple of 3, then a coloring exists. Otherwise not.
Gerhard "Or Oroubourous Or Orrery Or..." Paseman, 2016.04.02.