You can sell it on ebay but don't except to get top dollar (anywhere near retail) for it. The surplus of iPods on the market at the time will depress the prices, and the buyer will have to be offered a lower price to compensate for the additional risk of buying from ebay or an otherwise unauthorized vendor. I always laugh when I see listings that specifically mention the back to school deal and yet their prices are like 5-10 dollars lower than retail IF that, without shipping.
Course you can alleviate such nonsense by getting yours early and pricing it to move 😀