Can't create a new account!

I am trying to help my nephew set up his new 4th generation iPod touch with a new account and no matter what year he puts in it says it cannot create an account because he does not meet the minimum requirement! So I typed up 1971 as the birth year and it still said the age was no good and I am 39 Anybody had issues with this and if so how did you resolve the issue? Now his iPod was registered at one point but he forgot his existing Apple ID info so I told him to create a brand new one and thats where we are having the issues.

Any suggestions?