How can I create a free iCloud account when the device is no longer eligible for creating a free iCloud account?

I

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How can I create a free iCloud account when the device is no longer eligible for creating a free iCloud account?

I want to give away my iPod Touch that I purchased from ebay two years ago to my relative. I am getting the above message while attempting to complete the Setup
Assistant to send the device to him.

How do I create a free iCloud account?