Brand new 3DS freezes on startup

I just purchased one of these bad boys today from Best Buy. I hook it up to the power charger and let it charge for about 3 hours. As I turn it on, the language option comes up. Heres the problem, I cannot move the d pad or even use the touch screen. It is completely frozen on the language selection.

I tried the recalibration test for both the buttons and screen, and it locks up just a few seconds in the calibration menu.

What should I do?

exchange it for a new one. its DOA.

Thanks for the quick reply! I wasn't sure if there was a special trick for my case.