On/off button not working on brand new iPod touch 5th gen

My daughter has just unboxed a brand new iPod touch 5th gen that arrived today.
It wouldn't turn on so I assumed the battery was flat which I thought was odd but I plugged it in and it came on - 90% + battery.
The on/off button does not do anything. We've pressed it, held it - nothing. If I press the on/off and the home button together, Siri starts.
It will only switch off after a minute has elapsed. We can't do it manually.
What's going on? Any ideas?

If you have an Apple store nearby I would make an appointment at their Genius Bar.
Apple Retail Store - Genius Bar
Otherwise I would call Apple. You get at least 90 days of free telephone support.
http://www.apple.com/support/contact/

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